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(영문) 의정부지방법원 2014.07.17 2014노986
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts ① Injury: The Defendant was fighting with the victim E, but there was no fact that the Defendant was fighting with the victim’s chests and urgicals.

② The damage of the vehicle at the time of width: The defendant damaged the vehicle at the time of width, but the defendant was aware that the owner of the above vehicle was the defendant.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous and adversely affected by the conclusion of the judgment.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. 1) In light of the following circumstances acknowledged by the court of the court below as to the assertion of mistake of facts, i.e., the victim E stated that the defendant was born in the past while the defendant was waiting for a franchising, and C also made a statement that the defendant was suffering from the above franchising, etc. on the day of the instant case, the above argument of the defendant is without merit, since the defendant was found to have been suffering from the above franchising vehicle damage due to the fact that the defendant was diagnosed at the hospital on the day of the instant case. 2) The above argument of the defendant is without merit. 1) The name of the franchis vehicle in this case was lawfully adopted and investigated by the evidence duly adopted and investigated by the court below, i.e., the victim was the victim C, and the defendant was to bear most of the installments of the above vehicle, 2) the defendant was to receive KRW 15 million from the above victim and the defendant was to return the above vehicle as part of the passbook, 15 million.

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