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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.07.21 2015노4670
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim B (hereinafter “victim”) in the same manner as the facts constituting the crime indicated in the judgment below.

Inasmuch as the victim made a false statement to the effect that the Defendant used the knife and used the knife and used the Defendant to commit a crime against the act of assaulting the Defendant, the victim’s statements do not have credibility.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination

A. The lower court determined as to the assertion of mistake of facts, which was consistently committed by the victim from the investigative agency to this court, as described in the facts constituting an offense in the lower judgment.

The following circumstances acknowledged by the records of this case, namely, the defendant stated that the victim had a cross trial with the victim immediately before the occurrence of this case, and entered the restaurant in which the victim was operated to comply with the victim with a considerable appraisal, ② the defendant appears to have been under the influence of alcohol at the time of this case, ③ the victim and the defendant were not known to the past, and thus, they did not have an original relationship with the victim except for the fact that they had been mutual trial with the victim immediately before the occurrence of this case. ④ Accordingly, if the defendant did not assault the victim at the time of this case, the victim would have been knife and did not oppose it. In other words, the victim would have been knifeed from the defendant with assault as stated in paragraph (1) of the crime, and the victim was forced to do so.

(5) After the occurrence of the instant case, the victim shall provide medical treatment to the AP G department with the bridge and bridge.

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