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(영문) 인천지방법원 2015.07.15 2015노1388
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. Error of facts (with regard to the second judgment of the court below), the oral documentary evidence used by the defendant for the assaulting the victim E is not dangerous.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Before determining the Defendant’s assertion of ex officio, this Court decided to hold a joint hearing of each appeal case against the judgment below. Each of the offenses of the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the above judgments cannot be maintained any more.

3. The defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, even though there is a ground for ex officio reversal on the grounds of appeal as seen above.

A. From November 10, 2014, the summary of the charge of the violation of the Punishment of Violences, etc. Act (a collective deadly weapons, etc.) among the facts charged in the instant case, the Defendant, at around 03:15 on November 10, 2014, caused the injury to the victim, such as an internal influence, on the part of the second floor of the Incheon Reinforcement-gun C building, by taking the front part of the victim’s inner part of the front part of the front part of the front part of the front part of the back part of the back part of the back part of the victim, which is a dangerous object in that part, by gathering the front part of the back part of the back part of the back part of the victim.

B. (1) Determination of whether a certain thing constitutes a “hazardous thing” under Article 3(1) of the Punishment of Violences, etc. Act ought to be based on whether the other party or a third party could feel any danger to life or body when using the thing in light of social norms.

(2) In full view of the evidence duly adopted and examined by the court below, the defendant and the injured party were put to a trial as to whether they shared with the Guide, and the defendant did so. (3) In full view of the evidence duly adopted and examined by the court below, the defendant was put to a trial as to whether they shared the Guide.

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