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(영문) 인천지방법원 2014.10.17 2014노1484
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a year and April, and a fine of KRW 1,000,00.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. The respective sentence of the lower court (the first instance court: imprisonment with prison labor for one year, and the second instance court: the fine of one million won) is too unreasonable.

B. In full view of the facts established by the prosecutor 1) mistake of facts (the acquittal part of the first instance judgment), victim I, J, and K, victims of each fraud committed by the investigative agency, each statement made by E, a letter of self-written loan and a letter of self-written loan, etc., the lower court erred by misapprehending the facts of not guilty of this part of the facts charged, even though the Defendant sufficiently recognized the fact that the Defendant had by deceiving victims like the facts charged, by deceiving them as the victims.

B) According to the victim E’s statement on June 2013, 2013, the lower court erred by misapprehending the fact that the lower court determined this part of the facts charged as not guilty, although the Defendant carried a short knife, which is a dangerous object, and sufficiently recognized the fact of assaulting the victim, as stated in the facts charged, was erroneous. 2) The lower court’s sentence (one year of imprisonment) of the first instance court of unfair sentencing (the first instance judgment of the first instance judgment of the first instance court) is too uneasible and unfair.

2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the court below was rendered separately, and the defendant and the prosecutor filed an appeal against the judgment of the court of first instance against the judgment of the court of second instance, respectively, and the court rendered a decision to concurrently examine each of the above appeals cases. Since each of the offenses of the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, each of the offenses of the judgment of the court of first instance must be sentenced to a single punishment within the scope of the term of punishment aggravated for concurrent offenses in accordance with Article 38(1) of the Criminal Act, so in this regard, the guilty part (including the portion

In addition, the facts charged as to the fraud of the victim I, J, and K, which was found not guilty by the first instance court against the prosecution of the first instance court, shall be as follows 3:

(a) modify as described in paragraph (1);

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