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(영문) 수원지방법원 2013.03.28 2012노5825
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the part concerning the crime of violation of the Punishment of Violence, etc. Act (a collective action, deadly weapon, etc.) against the victim K in the facts charged, the defendant and his defense counsel found the defendant guilty of this part of the facts charged that the ground where the victim faced with the defendant and the defendant at the time was faced with the defendant at the time was examined as a knife, and the knife was above the knife on the hand floor. However, the court below found the defendant guilty of this part of the facts charged that knife was caused by the defendant's knife disease with the defendant

B. The Defendant asserts that the lower court erred by misapprehending the legal doctrine concerning mental and physical disability, or by misapprehending the legal doctrine, which affected the conclusion of the judgment, even though the Defendant was in a weak state in the ability to discern things under the influence of alcohol at the time of stopping each of the instant crimes.

C. The Defendant and his defense counsel asserts that the sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination:

A. According to the judgment of the court below as to the assertion of mistake of facts and the evidence duly adopted and examined by the defendant, the fact that the defendant was injured by the victim K's hand who displayed a shoulderer disease to the victim K at the date and place specified in this part of the facts charged (the defendant's testimony at the court below of the judgment of the court below in the Suwon District Court Decision 2012Da4244, J. 9, 14, 55, the evidence record of the defendant's 9, 14, and 55) can be admitted. Thus, the court below

On the other hand, the above K appeared as a witness of the trial and stated to the effect that the specific circumstances in which he was faced with the upper part of the hand floor are not well memory, but the whole purport of the testimony was that the defendant suffered knife on the hand floor by knife on the knife, and that the above K is suitable for memory due to knife.

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