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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2013.09.27 2013노1007
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not inflict an injury on the victim, such as the original trial.

Nevertheless, the court below found the criminal facts guilty, which is erroneous in misunderstanding of facts.

B. The Prosecutor’s appeal 1) According to the evidence submitted by the prosecutor of mistake of facts, the acquittal portion at the time of original trial may be sufficiently convicted. Nevertheless, the lower court rendered a verdict of innocence on this part, which is erroneous in misunderstanding of facts. 2) The sentence sentenced by the lower court of unreasonable sentencing (three years of suspended execution in one year and six months, and eight hours of community service order) is too uneasible and unreasonable.

2. Determination

A. The lower court, based on the evidence duly admitted and examined by the Defendant’s appeal, stated that the date and time of assault by the Defendant was around 03:00 on June 17, 201 (Evidence No. 14 pages) in the initial police investigation, but thereafter, stated that “the pictures stored in a cellphone are verified, not June 17, 201, but around 02:00 on May 21, 201” (Evidence No. 39 pages of the record). In fact, the victim submitted a photograph of the victim’s body at the time of the victim’s assault as at the time of the initial trial and the situation within the house at the time of the victim’s appearance (see, e.g., evidence No. 20 through 24, 76, 77 pages), and that “the victim’s body was reported to the effect that he/she was exposed to the Defendant’s body and the victim’s face at the time of the police investigation at the time of the victim’s accusation.”

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