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(영문) 광주지방법원 2015.10.27 2015노488
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

provided that this ruling has become final and conclusive.

Reasons

Summary of Grounds for Appeal

A. Defendant A’s imprisonment (one year and six months of imprisonment) is too unreasonable.

B. Defendant B’s mistake of facts does not mean that Defendant B did not inflict an injury upon the victim K at the time of the victim K. 2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

Judgment

A. The following circumstances acknowledged by the lower court’s argument of mistake of facts as to Defendant B’s assertion were duly adopted and investigated by the evidence duly admitted and investigated by the lower court, i.e.,: (a) the victim L appears from the investigative agency to the lower court to the court; (b) the victim K fights against the victim’s wife; (c) the victim K was at the time of Defendant B’s dispatch to the victim M; and (d) the victim’s leader was at the time of Defendant B’s dispatch to the victim K; and (e) he was able to attract the surrounding people to the victim K, and led the victim K when she was flick. The victim’s head and the lower court stated that the victim’s head were in contact with the victim’s head at the time of the lower court and the lower court; and (e) the victim’s head were in contact with the victim’s memory at the time of the Defendant’s dispatch to the victim’s body; and (e) the victim was in contact with the victim’s body at the time of the lower court.

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