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(영문) 부산지방법원 2014.07.18 2013노3495
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Despite the fact-finding or misunderstanding of legal principles as to the crime of injury by carrying a deadly weapon in this case, the Defendant was guilty of this part of the facts charged, although he did not intentionally injure the victim E’s face and part of the wood, the lower court erred by misapprehending the legal principles as to the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) and thereby adversely affecting the conclusion of the judgment.

B. Although the Defendant did not have any mistake of facts or misapprehension of legal principles as to the crime of injury resulting in each of the injury resulting in existence, the lower court also convicted of this part of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine as to the crime of injury resulting from existence, thereby

C. The two-year imprisonment sentenced by the lower court to the Defendant is too unreasonable.

2. The judgment of the court below and the court below on the assertion of mistake or misunderstanding of legal principles as to the crime of injury by carrying a deadly weapon in this case can be acknowledged by the evidence duly adopted and investigated by the court below. In other words, the defendant asserted that "the victim E, who was the victim of the recording machine in the main machine, sought to do so, was only in the form of a flag in which the above victim was living alone at the time of the above recording machine." However, the above victim denies it as well as consistently stated that "the defendant was suffering from the flag face and the part above the flag while committing the crime of injury by carrying a deadly weapon in this case." In addition, the above victim stated consistently that "the defendant sustained the flag on the face and the part above the flag while committing the crime of injury by carrying a deadly weapon in this case." In light of the victim's face and part above, the victim suffered a considerable length of flag on the face and part above (No. 10 pages).

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