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(영문) 울산지방법원 2014.12.05 2014노875
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not have any fact that he had “scopic disease” toward the victim, and the lower court which recognized this part of the facts charged erred by misapprehending the facts.

B. In light of the legal principles, although the defendant collected the beer's disease, the defendant was released from the beer's disease, and the victim was injured by drinking. Since the time and place of the beer's disease, the time and place of the defendant inflicted an injury by drinking the beer's disease, the time and place of the harm caused by drinking the victim, the defendant cannot be deemed to have inflicted an injury on the victim by carrying a deadly weapon, it is unlawful to punish the defendant as a crime of violation of the Punishment of Violences, etc. Act (collectively weapons, etc.).

C. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is as follows: (a) on November 28, 2013, when the Defendant drinked alcohol in Ulsan-gu “Frogate” located in Ulsan-gu, Ulsan-gu; (b) he listened from B that the victim G (Nam and fifty-two years of age) was grounded on his female; (c) dumped the victim’s breath, breath, and led the victim’s singing voice for about five minutes; and (d) the surrounding people dumped from the Defendant to the police in order to take the victim’s cell phone so that the victim may not report it to the police; and (d) he again took the victim’s cell phone deduction from the victim’s cell phone so that the victim could not report it to the police station; and (e) 1) he did so by cutting the victim’s cell phone back the rest of the beer who was on the boundary of the bomb; and (e) he did so by cutting the victim’s body to the police station.

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