(영문) 창원지방법원 2016.05.11 2016노511 | 리걸엔진

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자간(%)

(영문) 창원지방법원 2016.05.11 2016노511

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding ① There was no victim’s head at one time due to the two empty disease, which is a dangerous object in the alone during the crime scene of this case. ② An empty beer who is a dangerous object in the main room during the crime scene of this case, rather than three times the victim’s head at three times during the crime scene of this case, the victim’s head was placed in the victim’s disease, and the victim’s head was not at two times in glass contact, but at glass contact rather than at two times.

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The lower court found the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of mistake of facts, namely, ① the F (a person who was at the scene of the instant crime without any connection with the Defendant and the victim) who observed the instant crime in negligence at the scene of the instant crime, to show that the Defendant’s head was when the Defendant was the head of the victim.

(2) The victim made a statement, 2. The victim was able to get the face of the victim one time due to the two main diseases of the victim, 2. The defendant was able to get the head of the victim three times due to the main wound and the empty beer disease, and 2. The head of the victim was able to get the victim two times due to the inner contact made by fraud.

In full view of the fact that the defendant made a statement, three times the head of the victim's body, one time the head of the victim's body, and two times the fact that the victim's body was 3 times the head of the victim's body, and two times the victim's body was flick due to the victim's escape, in light of the fact that the head of the victim was 3 times the head of the victim's body and the fact that the victim's body was flick with the victim's body was flick, and the defendant's above assertion is without merit, since the defendant's body was not flick in the main room among the scene of the crime of this case.

B. Determination of the unfair argument of sentencing is made.

유사 판례

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