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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.01.15 2014노2586
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the court below found the defendant guilty of all the facts charged that the defendant carried a dangerous knife, carrying a dangerous knife, and inflict an injury on the victim C while causing an injury to the knife of the left knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

The sentence of the lower court (one year of imprisonment) is too unhued and unreasonable.

B. At the time of the instant crime, the Defendant had the weak ability to discern things or make decisions under the influence of alcohol.

The sentence of the court below is too unreasonable.

2. Determination

A. As to the prosecutor's assertion of misapprehension of the legal principles, the court below's determination on this part of the facts charged to the purport that the defendant carried a walk, which is a dangerous thing, and thereby inflicted an injury on the victim C among the facts charged, based on the legal principles on whether the other party or the third party may cause a danger to his/her life or body by using the dangerous thing in light of social norms (see, e.g., Supreme Court Decision 2007Do3520, Mar. 26, 2009). According to the evidence, the defendant was deemed to have been aware that he/she was the head of the victim's body, but the victim suffered an injury on the part of the victim by the defendant's walk, the walk, the walk, the walk, the head of the walk and the head of the walk, and the side.

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