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(영문) 제주지방법원 2013.07.18 2013노114
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the Prosecutor, the Defendant, on December 11, 201, can sufficiently recognize the fact that the Defendant, by carrying the knife at F main points of the F, inflicted an injury upon the victims while threatening them.

Even if the defendant, as stated in the judgment of the court below, was the definite, the definite is also a dangerous thing.

The court below erred by misunderstanding of facts or misunderstanding of legal principles.

B. The lower court’s sentencing (one year and six months of imprisonment, two years of suspended execution, and 80 hours of community service) is too uneasible and unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. In addition to the circumstances cited by the lower court in relation to this part, the lower court’s determination of not guilty of this part is justifiable on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant carried a knife at the time of committing this part of the crime, considering the following circumstances, namely, L, J and G, which the lower court stated by the investigative agency that the Defendant had been knifeed by the Defendant at the time of the lower court, and that all L, J and G, which stated that the Defendant had been knifeed by the Defendant at the time of the lower court’s trial, have never been memoryd as to whether the Defendant had been knife, and that at the time of this case’s main point, approximately ten persons had committed violence, and might have been mistaken for the knife.

B. In Article 3(1) of the Punishment of Violences, etc. Act, the term “hazardous articles” includes all articles that can be widely used to injure human life and body even if they are not deadly weapons. As such, not only the articles made for the purpose of killing and damaging human body but also the blades, bags, glass bottles, various tools, vehicles, etc. made for other purposes.

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