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(영문) 청주지방법원 2014.02.20 2013노1005
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (Article 1-2(b) of the judgment of the court below)

The judgment of the court below which found the defendant guilty of this part of the facts charged even though there was no injury to the victim G due to a shouldered main disease, such as the statement in the port, which affected the conclusion of the judgment.

B. Under the influence of alcohol at the time of committing the instant crime, the Defendant was in a state of mental disability.

C. 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 the lower court’s judgment as to the assertion of mistake of facts and the evidence duly adopted and examined by the trial court and the trial court. In other words, the victim G was issued a written injury diagnosis from the investigative agency to the court below to the court below, taking into account the following circumstances: (a) the Defendant’s 300C suffered an injury or injury to the victim G by placing one beer and one beerer disease; and (b) the process, method, means, and conditions after the crime, etc., of causing the Defendant to inflict an injury on the victim G; and (c) the statement was completely consistent; (d) the victim G was issued by W Hospital on the day of the instant case with the following injury diagnosis statement stating that “The victim requires two-time medical treatment due to the open upper part of the part of the sale, the salt vis and the degree of the injury alleged by the said victim; and (e) the circumstances leading up to the issuance of the injury certificate could not be discovered in view of the following circumstances.

It may be sufficiently recognized that the injury to the victim G is inflicted by a shouldered main disease, such as described in the paragraph.

Therefore, this part of the defendant's argument is without merit.

B. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the claim of mental disability, the defendant drinks alcohol.

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