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(영문) 서울서부지방법원 2015.12.03 2015노1161
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)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.

, however, for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) 1-B of the judgment of the court below

In relation to paragraph (1), the defendant did not have inflicted any injury upon the victim C when her galute is prone.

B) In relation to Paragraph 1-C (C) of the decision of the court below, there is no fact that the defendant, as drinking, had the face of the victim D. 2) The sentence of unfair sentencing (one year and six months of imprisonment, two years of suspended execution, two years of probation, community service, etc.) of the court below is too heavy.

B. The sentence of the prosecutor’s judgment is too minor.

2. Determination

A. Prior to the judgment on the grounds for appeal, the prosecutor applied for a modified indictment to change the term “violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.)” to “special intimidation” among the names of the defendants in the trial of the defendant, and Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act among the applicable provisions of the Criminal Act as “Articles 284 and 283(1) of the Criminal Act,” and the term “violation of the Punishment of Violence, etc. Act (collectively, Deadly, etc.)” in the fifth indictment as “Special Intimidation” in the facts charged. Since the court permitted it, the judgment of the court below was no longer maintained.

However, even if there is a ground for ex officio reversal, the defendant's above assertion of misunderstanding of facts is still subject to the judgment of this court, which will be examined.

B. As to the Defendant’s assertion of mistake of facts, in full view of the following facts acknowledged by the evidence duly admitted and examined by the lower court as to Article 1-2(b) of the lower judgment’s judgment, the Defendant may recognize the fact that the Defendant inflicted an injury by assaulting the Victim C, which is a dangerous object, as stated in the lower judgment. This part of the Defendant’s assertion is without merit. A) The victim C, as described in the judgment of the lower court from the investigative agency to the court of the lower court, shall be subject

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