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(영문) 대전고등법원 (청주) 2014.11.13 2014노108
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error 1) In relation to Article 1. B. 2-2 of the 2014 Highest 6) of the 2014 Highest 6th decision of the court below, there is no fact that the victim C and the horse fighting had been conducted, but there was no assault against

2) Regarding Article 1.C. of the 2014 Gohap6 of the judgment of the court below, there is no possibility of driving a motor vehicle or threatening the said victim in the Gangwon-gun around that time. 3) The facts of the 2014 Gohap6 of the judgment of the court below are 1. E. of the 2014 Gohap6.

In relation to the claim, the above victim was recognized as assaulting several times, but did not carry excessive amount at that time, and on the other hand, did not detain or rape the above victim.

4) 원심 판시『2014고합6』범죄사실 제1.의 바.항과 관련하여, 위 피해자에게 전화하여 협박한 적이 없다. 5) 원심 판시『2014고합7』범죄사실과 관련하여, 발로 피해자 T을 1회 걷어찼을뿐, 달리 더 폭행하지는 않았다.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination:

A. Examining the judgment of the court below and the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the court below's decision that found the victims of each of the facts charged of this case guilty on the ground that each of the statements made by the victims corresponding to each of the facts charged of this case is reliable is justified, and there is no error of law such as misconception of facts as alleged in the grounds for appeal.

This part of the grounds for appeal is without merit.

B. 1 The lower court’s determination on the assertion of unfair sentencing shall take into account all the various sentencing conditions, including the following: (a) the Defendant had the history of having been punished several times for driving without obtaining a license; (b) a considerable number of the crimes committed during the period of suspension of execution; and (c) the victim C had serious physical and mental suffering due to each of the instant crimes; and (d) the Defendant sought to punish the Defendant’s severe punishment.

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