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(영문) 창원지방법원 2015.06.04 2014노2242
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant asserts that there was an error of misconception of facts (Article 1 of the facts in the judgment of the court below) that although the victim F was not injured by two brain-dead sugars by the victim F, the defendant suffered bodily injury due to the defendant's head of F due to the Mail World Cup and the Mail's disease, and that there was an error of law that affected the conclusion of the judgment by mistake

B. In light of the legal principles, although the defendant did not possess dangerous goods, the defendant asserts that the crime of violation of the Punishment of Violences, etc. Act is established against the defendant, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

C. The Defendant asserts that the sentence imposed by the lower court (two years of suspended sentence in one year and six months) is too unreasonable.

2. Determination

A. On April 19, 2014, the Defendant: (a) around 01:50 on April 19, 2014, the summary of this part of the facts charged was determined by the lower court: (b) the Defendant: (c) around 01:50, at the first floor of the Sungwon-si, the victim F (V, South, and twenty-seven years old) who was seated on the instant table, and her head was able to take the following back; (d) the victim’s head was able to take one time the victim’s head was flick, a dangerous object that the victim was flicked on the floor; and (e) the victim’s head was flick, a dangerous object that the victim was flicked on the floor, at one time, had the victim’s head at approximately 14 days of medical treatment; and (e) the victim was flick, etc., who was flicked on the floor.

3 The following circumstances acknowledged by the court below's judgment and the evidence duly adopted and examined by the court below, i.e., the victim F in the on-site investigation report prepared by the police officer I called the "on-site investigation report" after receiving 112 reports.

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