logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.09.18 2015노2316
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

가. 피고인 ⑴ 사실오인 ㈎ 피고인은 원심 판시 1.과 같이 부엌칼로 피해자 D를 위협한 사실이 없고, 원심 판시 2의 가.

There is no fact that the victim D did not assault the victim D with the camping net, and there is a fact that the victim D had her her her her her her her her her her her her her her her her her b

There is no fact that the body, such as the body, has been kept.

㈏ 피고인은 원심 판시 3의 나.

Although the victim E's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Although there is a fact that the victim E is her buck, it is not true that he or she is her bucking.

B. The sentence of unfair sentencing (two months of imprisonment, forty-hour order of sexual assault treatment program, and forty-hour order of child abuse treatment program) of the lower court is too unreasonable.

B. The Prosecutor’s sentence (the same as the above) of the lower court is too unhued and unreasonable.

2. As to the assertion of mistake of fact

A. 1, 2, and 3-2 of the holding of the court below

C. The judgment of the court below convicting the victim D, E, and C in full view of the statements made by investigative agencies and the court below in relation to the part

1. Violation of the Punishment of Violences, etc. Act (a collective action, threat of deadly weapons, etc.), and judgment;

2. Violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.), and decision 3-1;

C. Determination that each charge of violating the Child Welfare Act can be fully recognized

1. Crimes of violation of the Punishment of Violences, etc. Act (collectively Intimidation, Deadly Weapons, etc.), and judgment;

2. In the case of a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), the victim D itself makes an accurate and consistent statement about the facts of damage, and even if the victim is unable to accurately memory the date, time, etc. of damage, it is rather true in light of the fact that the victim’s age and the above case occurred between about 4 and 7 years prior to the first commencement of investigation.

arrow