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(영문) 인천지방법원 2014.10.30 2014노2543
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (as to the crime No. 2 in the judgment of the court below), the Defendant did not have committed a mistake of facts on the victim’s left-hand head by using a beer’s disease at the date and place specified in paragraph (2) of the crime in

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the judgment of the court below and the evidence duly adopted and examined by the court below on the erroneous determination of facts: ① the victim stated from an investigative agency to the court below that the defendant was at the time of assaulting the victim’s left head by using her hand and beer disease; ② the victim’s statement is credibility in the victim’s statement; ② the victim’s injury diagnosis document dated July 23, 201 entered 1/2 of the victim’s left part after the crime of this case, corresponds to the victim’s statement; ③ the victim received continuous medical treatment for injury caused by the crime of this case; ④ The president L of H main station in the case of this case stated that the defendant and the victim did not have been frightd or the victim did not have been frightd by the defendant; but, according to the copy of the report of this case, the victim did not have made sufficient statements in the decision of the court below that it was difficult for the defendant to find that the victim was at least 12 of the victim’s crime of assault in this case.

B. Although the defendant's judgment on the issue of unfair sentencing has favorable conditions, such as the fact that the defendant deposited 4 million won for the victim at the trial of the party, the defendant.

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