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(영문) 대전지방법원 2013.10.02 2013노1206
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment below

Of the defendants B, the part of the defendant is reversed.

Defendant

B A person shall be punished by imprisonment for a year and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts acknowledged the fact that the Defendant was suffering from a alcohol disease by putting the head of the victim B, but there was no fact when the victim B’s chests and the sons and sons of the victim B by drinking. 2) In light of all the circumstances, including the background leading up to the instant crime of unfair sentencing, etc., the punishment imposed by the court below (the fine of KRW 1.5 million) is too unreasonable.

B. Defendant B (Defendant B) 1) misunderstanding of facts or misunderstanding of legal principles knife the victim A with a knife. However, this constitutes excessive self-defense in the state of self-defense or uneasiness as a result of the victim’s assaulting and threatening the victim to a knife, which constitutes an excessive defense in the state of self-defense or uneasiness. 2) In light of all the circumstances, including the developments leading up to the instant crime of unfair sentencing, etc., the sentence of imprisonment (one year and

C. In full view of the following facts: (a) the prosecutor (misunderstanding of facts against Defendant A) submitted a photograph that the victim B submitted a hole in the right mouth; (b) there is a knife upper part of the part above the victim B’s shoulder; and (c) the victim B and the victim B have a minor dispute with Defendant A, making it difficult to understand that Defendant A was in a knife twice or a knife; (c) Defendant A had a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

2. The facts charged and the judgment of the court below

A. The instant charges No. 1) Defendant B (a person who is in a pet relationship with the age of 51, and a person who is in a pet relationship with the age of 22:50 on October 14, 2012, the Defendant expressed out of the area of the victim, Seo-gu, Seo-gu, Daejeon, and No. 202 on October 14, 2012, as the victim did not drink together with the victim, and thus, she went through the surgery. The victim opened a door.

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