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(영문) 대구지방법원 2013.11.14 2013노1832
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A Imprisonment with prison labor for one year, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1 did not carry a deadly weapon. Nevertheless, the judgment of the court below which recognized that the Defendant carried a deadly weapon was erroneous and adversely affected the conclusion of the judgment. 2) The sentence sentenced by the court below of unfair sentencing (one year and six months of imprisonment, three years of suspended execution, and one hundred and twenty hours of community service order) is too unreasonable.

B. The sentence imposed by Defendant B (one year of imprisonment with prison labor, two years of suspended execution, one hundred and twenty hours of community service order) is too unreasonable.

C. The sentence imposed by Defendant J (two years of suspended sentence in August) is too unreasonable.

2. Determination

A. In the lower court’s decision on the Defendant’s assertion of mistake of facts, AX made a concrete statement to the effect that “the Defendant saw the same tension as Sasik, and was on the chest later.” Also, C made a statement to the effect that “the Defendant was using the same blades, and the tape was reduced up to the middle of the blades,” and D made a statement to the effect that “A would have used the same blades as the blades, but would have taken the blades in the front and rear back,” and that “A would have used the blades accurately,” and “A” made a statement to the effect that “AX used the blades at the time of the Defendant’s commission of the instant crime,” and the F stated that “A was unable to be seen as having blades, citing the blades at the time of the Defendant’s lawful adoption and investigation.” In addition, according to the evidence duly admitted by the lower court, it is sufficiently recognized that the blades were possessed at the time of the instant crime.

The defendant and the defendant's defense counsel asserted that they cannot believe their statements in that they are the other party's behaviors and those of the defendant at the time of the instant case, but at the time, AX was sentenced to the appellate court's judgment in relation to the instant case, and each person's statements.

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