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(영문) 대전지방법원 2014.07.17 2014노1181
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles as to the portion of the accusation, the Defendant, around 01:00 on August 7, 2013, filed a complaint with E, the Defendant, who is the Defendant, to the effect that he was injured by the Defendant at around 06:00 on the same day, and that the Defendant, at around 06:00 on the defense level, filed a complaint against the above fact, and filed a complaint with the Defendant that he was imprisoned with the Defendant even around 06:0 on the defense level to respond thereto. There is no doubt that there was no accusation

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. The lower court, based on the evidence duly adopted and investigated by the lower court, submitted a complaint to the effect that: (a) around 01:00 on August 7, 2013, the Defendant and the Defendant Nonparty E had been in dispute one time outside the accommodation due to gambling problems; (b) the Defendant inflicted an injury upon E with a dangerous object at around 06:00; and (c) on September 8, 2013, when the month when the date of the instant case occurred, the Defendant was at around 06:00 on August 7, 2013; and (d) on September 24, 2013, the Defendant provided a complaint to the Chungcheongnam-do Police Station stating that “E and the Defendant were satisfed with the Defendant, at around 06:00 on August 7, 2013, E and satisfed with 10 faces face, face, etc. with each other’s body.

In full view of the facts as follows: “A specific supplementary statement to the purport; ③ However, the fact is that the Defendant unilaterally assaults E and there is no fact that E does not commit the Defendant; ④ on December 31, 2013, the Defendant was issued a disposition to the effect that there is no suspicion against the Defendant’s injury suspicion; ⑤ the Defendant also filed a complaint against the Defendant’s injury accusation case; and ⑤ the fact that the Defendant filed a complaint against the Defendant’s injury accusation case at around 01:00 on August 7, 2013, it is difficult to view that the Defendant filed a complaint merely exaggeratedly as he/she did, and it is sufficient that the Defendant filed a false complaint for the purpose of having E receive criminal punishment.

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