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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.11.11 2013노2872
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there is no evidence to prove that the defendant cited "Macker's disease," which is a dangerous thing by the defendant, and assaulted the victim, the court below erred by misapprehending the fact that the defendant committed a crime in violation of the Punishment of Violences, etc. Act (a collective injury,

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by each evidence duly adopted and investigated by the court below and the court below's decision on the assertion of mistake of facts: ① the victim's testimony at investigation agency and the court below's testimony at investigation agency are different in the circumstances where the victim suffered injury of this case due to the defendant's act; ② the statement at H's investigation agency, the court below, and the court below's trial court are not consistent with some of the statements at the time of this case. However, although the defendant used beer's disease at the time of this case, beer's disease was broken due to the act committed by the defendant; ③ according to H's testimony at the court below and the court below's testimony, the defendant was located in the front side of the victim at the time of beer's disease; and the defendant did not have any error in the law of misunderstanding that the victim suffered injury to beer at the time of beer's disease; and ③ according to the facts charged by the court below, the defendant was sufficiently erroneous in the facts of this case at the time of being able to beer's disease at the time of this case.

Therefore, the defendant's assertion of mistake is not accepted.

B. The Defendant’s damage to the victim on the assertion of unfair sentencing.

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