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(영문) 광주지방법원 2014.11.20 2014노2331
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B shall be punished by imprisonment for a period of eight months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. Although the prosecutor (the non-guilty part of the defendant A) consistently asserted that the victims were assaulted by the defendant from the investigation stage, the court below erred in the misapprehension of the rules of evidence against the rules of evidence.

B. Defendant B’s imprisonment (eight months of imprisonment) is too unreasonable.

2. Determination

A. On November 22, 2013, the summary of the charge against Defendant A (not guilty part of Defendant A) is as follows: around 02:30 on November 2, 2013, the Defendant made a statement to the effect that he was using alcohol together with the Victim B (L, 49 years of age) and B’s son C(31 years of age) before the Defendant’s wife was late; the Defendant made a statement to the effect that he was unable to present alcohol with the victim’s head at the time of drinking and dangerous her face, and that he continued to do so with the victim’s head at the time of the victim C’s face; the Defendant’s head at the 1st prosecutor’s office was sleeped; the Defendant was able to do so with the victim’s head at the 31st prosecutor’s office; the Defendant made a statement to the same effect as the victim’s head at the 5th prosecutor’s office, excluding the victim’s head’s disease, which was placed on the floor C, and the victim’s body.

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