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(영문) 인천지방법원 2013.09.06 2013노432
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of the facts charged in this case on the ground that the Defendant did not have a misunderstanding of the victim E’s fingers, and that the Defendant had a bath and had a beer disease at the drinking house, but did not intentionally had a person, and that female employees had not been at the site of the case since female employees had been out of the place of the case at the time when the Defendant had been faced with the beer disease, and thus, the victim F and H had no intention to escape from the beer disease of the Defendant, or G had no intention to escape from the beer disease of the Defendant, was erroneous and adversely affected the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case, the lower court’s punishment (the first instance judgment: imprisonment with prison labor for 1 year and 6 months, and the second instance judgment: the fine of 2 million won) against the Defendant is too unreasonable.

2. The defendant has filed an appeal against each judgment of the court below, and the court of the court of the trial has decided to concurrently examine each of the above appeal cases. The crime of each of the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single punishment shall be imposed within the scope of the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, each of the judgment of the court below against the defendant

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, which will be examined below despite the above reasons for ex officio reversal.

3. Judgment on the assertion of mistake of facts

A. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the macroscopic evidence.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the victim E was present in the court of the court below as a witness and stated that the defendant has broken down his left hand hand hand hand hand hand hand over, and the victim G and F also the victim E.

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