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(영문) 대전지방법원 2012.11.08 2012노1268
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The summary of the Defendant’s grounds of appeal 1) In the event that the Defendant did not use knife at the time of the instant case, and the Defendant did not intend to cause the damage that he had driven by the “G cafeteria” building, the lower court found the Defendant as a whole and found the Defendant guilty by erroneous determination of facts. 2) The lower court’s sentence of unfair sentencing (two years of imprisonment) is too unreasonable.

B. The summary of the prosecutor's grounds of appeal 1) The defendant, while knowing that the victim C, D, and F were in a pro-friendly relationship, received a lane for the purpose of threatening the above victims, and thus, he could have inflicted an injury on the above victims. Therefore, the court below acquitted the above victims of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc. (a collective deadly weapons, etc.) on the part of an unfair sentencing judgment is erroneous in the misapprehension of legal principles.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the defendant, while knowing that the victim D, C, and F had a common friendship, conflict with the "G cafeteria" building operated by the victim as a car driven by the victim while finding a F to avoid contact with the defendant, and immediately extracted the knife, and made intimidation to the above victims while leaving the F in the victim D's item, and subsequently, the F, who was contacted by the above victims, arrived at the scene of this case, and the victim C, C, and D, stated that the defendant did not knife the victim's knife at the court of the original trial, but reversed the statement and knife the statement, taking into account the circumstances leading up to the knife and the situation where the victim was threatened with the knife at the time, and the defendant intentionally stated to find the F.

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