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(영문) 의정부지방법원 2013.09.06 2013노1182
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Punishment of Violence, etc. Act (collective assault, deadly weapon, etc.), the Defendant did not have any dispute with the victim I, but did not have any other fact, the court below found the Defendant guilty of the facts charged of this case. In other words, the court below erred by misapprehending the legal principles.

B. The sentence imposed by the lower court (one year and two months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged is that the victim I informed the Cheongju District Prosecutors' Office of the facts that the victim I detained D, and determined that the victim would assault the victim with a knife (39cm in length, 10cm in knife length) which is a dangerous object.

On August 14, 2012, around 00:54, the Defendant: (a) laid the brusher’s leg, which was prepared in the K convenience store located in the Haju-siJ, into the brush, and then laid the brush after leaving the brush, which was about 2 meters away from the 2m of the brush; and (b) committed horse fighting with the victim, the victim did not inform D to the investigation agency; (c) brud the brue of the brush, which was contained in the brush, of the dangerous object, and brud the victim’s left shoulder.

B. The judgment of the court below is based on the evidence duly adopted and investigated at the court below, i.e., the following circumstances acknowledged by the evidence that the defendant thought that D was detained by the victim's information, and thus there was no appraisal between the victim and the victim, ii) the defendant was investigated by the prosecutor's office, she was aware that the victim was aware of his/her intention to inform her investigation agency, and she was asked to find the victim with his/her body. iii) The defendant argued that there was no fact that he/she did not display a rub who was brut with the victim. However, on September 10, 2012, the defendant did not know that he/she was in the scene of the crime of this case after being investigated by the police on December 24, 2012.

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