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(영문) 광주지방법원 2017.05.30 2016노1846
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to Defendant 1’s special injury to mistake of fact, the Defendant merely displayed a enormous machine in the defense against the assault by the victimized person, and did not put an injury by affixing the back part of the injured person.

With regard to the intention of accusation, the defendant did not inflict an injury by inserting E, and rather, there was only the fact that the defendant did not inflict an injury by assaulting the defendant jointly with E and two persons, so the defendant did not file an accusation against E by falsity.

2) The sentence of the lower court’s improper sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. 1) In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below which judged the defendant's misunderstanding of facts, the defendant can be recognized that the defendant inflicted an injury by inserting the back part of the victim at the time. Thus, the defendant's assertion of mistake of facts in this part is without merit.

(1) At the same time, from the investigative agency to the court of the court below, the victim sustained bodily injury by inserting the victim's back side by inserting it back from the back of the victim, which is consistently crossed up to the right angled by the defendant.

statement is made.

② Even if a photograph of the victim’s bodily injury taken at the time, it seems that the form of the photograph seems to have been inserted, it is appropriate to reflect the victim’s above statement.

③ At the time of dispute between the Defendant and the victim, which was the cause of the instant crime, the Defendant and the victim constituted the instant crime.

O made a statement to the effect that the defendant was sent to the bend head of the J and was able to see the form of the victim who was interested above the back part of the J. In addition, this is consistent with the above statement of the victim.

④ The Defendant is merely a defense against the victim.

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