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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2014.11.13 2014노1086
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant merely attempted to knife the Defendant with a knife and prevented the Defendant, and did not inflict an injury on the Defendant by knife with a knife.

Nevertheless, the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment.

B. The lower court’s sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts are consistent from the police to the court of the court below, i.e., (i) the victim made a concrete and detailed statement from the police to the time and time of the injury of the victim, the time and place of the injury of the defendant, the tool and shape of the crime, the result of the injury, the movement route according to the victim's instructions, the process of the victim's escape, etc. The victim's above statement is consistent with the evidence such as the victim's body photograph, police investigation report (refence confirmation and analysis of surrounding CCTV), the National Scientific Investigation Agency's request for appraisal. (ii) The credibility of the statement is high; (iii) the victim's own statement made by the defendant himself was also involved in the defendant's business; and (iv) the victim requested the victim and C to have full payment of money, but the victim was not responsible for the victim; and (iii) the defendant was sufficiently informed at the time of the victim's testimony and statement to the extent that the victim could be known.

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