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(영문) 창원지방법원 2014.05.01 2014노125
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the defendant in mistake of facts has displayed the knife, which is a dangerous thing against the victim G.

(Paragraph 2) of the facts charged in the original judgment.

A mentally ill-minded defendant was in a state of mental disability under the influence of alcohol at the time when he inflicts an injury on the victim E.

(Article 1) of the Criminal facts in the original judgment.

The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. 1) The summary of the facts charged (Article 2 of the facts charged in the original judgment) of this part of the facts charged (Article 2 of the facts charged in the judgment) was found guilty of the lower court finding the Defendant guilty of the facts charged, on October 21, 2013, when the Defendant sent alcohol to the F main point located in the Cheongnam-gun C, Gyeongnam-gun, Seoul, sent a hiverale with the victim G (38 years old) by telephone while drinking alcohol at around 02:20 on October 21, 2013. The Defendant 2 of this part of the facts charged was found guilty. The lower court found the Defendant guilty of this part of the facts charged, on the following grounds: (a) the victim knife knife knife knife knife knife knife knife knife knife knife knife knife k.

3 Comprehensively taking account of the evidence duly adopted and examined by the court below and the court below, it is recognized that the victim G appeared as a witness in the court of the trial and testified that “at the time, the defendant was aware of the knife of the knife, and later flow into the floor.”

However, the following circumstances, which are acknowledged as a whole by taking account of the above evidence, i.e., ① the victim G testified at the court of the trial as above but did not see the knife of the Defendant, and testified to the effect that the Defendant tried to knife his knife his knife with the knife, and the investigative agency gave testimony to the effect that the Defendant tried to knife his knife himself.

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