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(영문) 창원지방법원 2015.06.25 2015노524
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty of the facts charged, in the absence of the fact that the victim F and the defendant intentionally inflicted an injury on the victim, while trying to put the improvement cited by the victim F and Si roads, and caused the victim's arms to be damaged by the victim, and did not intentionally inflict an injury on the victim. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (two years of imprisonment, three years of suspended sentence, one hundred and twenty hours of community service, and confiscation) is too unreasonable.

2. Determination

A. In light of the fact-finding, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, from the first police to the court of the court below, the victim F made a consistent and concrete statement from the first police to the court of the court below: (i) "I listen to the bath theory from the defendant, I see the defendant's desire," and "I see the defendant at once every weather year," and when I am for drinking both arms, I am for the left hand, and I am for the left hand, and the left part is cut off, and I am for the victim's arms." (ii) The defendant is trying to put the Trater which was adjacent to the front part of the court of the first police, and tried to make a statement to "I am for the improvement that I am close to the victim while I am for the first police investigation."

A statement was made to the effect that it does not intentionally be held rather than the initial ones, and ③ the Defendant made a statement to the effect that he did not have her her her her her her her her her her her her her her her her her face with the victim’s her her her her her her her face with the victim’s her her her her her her her her her her her her her her her her her her her face

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