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(영문) 광주지방법원 2014.06.19 2014노849
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not have any injury or intimidation to the victim D.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: (i) the victim D consistently stated that the defendant suffered bodily injury in response to the defendant's drinking and the defendant's fluoral disease; (ii) the defendant's fluoral disease was not broken; (iii) the defendant's fluoral disease was fluored; and (iv) the defendant made a statement in accordance with the specific circumstances at the time of the crime of this case; and (v) the victim reported that the defendant inflicted bodily injury as above and threatened the defendant at the Bosung Police Station box immediately after the crime of this case; (iii) the victim was sent to the 119 Bluoral Hospital immediately after the crime of this case; (iv) the victim was sufficiently known in detail at the above hospital; (v) the victim's fluoral disease was destroyed by the defendant's fluoral disease; and (v) the victim's assertion that fluoral garbage was damaged by the defendant; and (v) the defendant's 10.

3. The fact that the defendant agreed with the victim D on the assertion of unfair sentencing, the defendant's delay and the fact that the defendant is a disabled person of Grade III intellectual disability are favorable circumstances, or several times other than the defendant's imprisonment with prison labor for one year and six months in 201, two years of suspended execution in June in 2009, two years of suspended execution in June in 209, and ten months of imprisonment with prison labor in 2013.

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