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(영문) 광주지방법원 2013.11.27 2013노1895
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the investigation agencies and legal statements of the victim of mistake of facts, the court below which acquitted the victim of this part of the charges, despite the fact that the defendant left a dangerous object, such as the statement in the facts charged, and caused bodily injury to the victim, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment

B. The sentence imposed by the lower court on the Defendant (one million won of a fine) is too uneased and unreasonable.

2. Determination

A. On November 7, 2012, the summary of the facts charged is as follows: around 00:00, the Defendant: (a) at the main point of “G operated by the former Yong-gun E” on November 7, 2012, the Defendant was assaulted by the victim B (e.g., 51 years of age); (b) he was released from the lower court, which was a dangerous object on theme B, and continued to inflict bodily injury on the victim, such as approximately two weeks of medical treatment due to his head, scam, and scambling, etc.; (c) as evidence consistent with the facts charged by the Prosecutor; (d) on the evidence submitted by the Prosecutor, the Defendant was able to talk with the Defendant and F, and the Defendant was able to talk with the lower court, and there was a difference between the Defendant and 3 at the time of his desire to do so.

However, the following circumstances acknowledged by the record, namely, the F, at the time, was the defendant and the victim in G main room, and the F, at the court of the original instance, was the defendant and the victim while fighting the horse, and thereafter the victim was the victim.

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