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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2013.08.23 2013노1117
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the original adjudication, the Defendant had threatened the victim, such as the time of the original adjudication, with regard to the facts constituting a crime of 2012 Highest 2667, but did not use the knife at the time of the original adjudication.

(The defendant is the argument about sentencing in the trial, but it is interpreted as a mistake of fact.)

The punishment sentenced by the court below of unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, the victim D made a statement in the police investigation process that “the defendant used the knife and knife and knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife 19).” In the court below’s statement that “the defendant knife knife knife knife kn's knife knife k at the time.

Therefore, the defendant's above assertion of mistake cannot be accepted.

B. The fact that an agreement was reached between the Defendant and the victim D of the 2012 Highest 2667 case regarding the allegation of unfair sentencing is the sentencing data favorable to the Defendant.

However, the defendant has the same criminal power in several times, and there is a criminal record due to the use of violence against the victim D, and in the case of the 2013 Highest 487 case, the defendant is in the vicinity of the victim Fgle, and the method of crime is very dangerous, and the degree of injury is also grave, and the defendant and the victim F are agreed.

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