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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2015.07.09 2015노396
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of assaulting the victim, did not possess a knife at the time of assaulting the victim, and the police arrived at the Defendant’s residence, and took the knife knife to harm only after the fighting with the victim was completed.

Although the defendant has assaulted the victim, he does not have a knife with a knife which is a dangerous object.

Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, and the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined in the court below and the court below's decision on the assertion of mistake of facts: (i) the defendant admitted this part of the facts charged at the court below, but argued that there was no assault by possessing a knife in the trial; (ii) there is no particular circumstance to suspect the credibility of the confession made by the defendant; (iii) the defendant threatened the death of the victim by taking out the knife knife; and (iv) the statement made at the police of the victim to take out the knife and assault again after taking out the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

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