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(영문) 대전지방법원 2015.01.15 2014노1080
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

Defendant

The appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In April 13, 2013, the Defendant: (a) was only the victim E in a Dcafeteria located in Seo-gu Daejeon District Court on April 13, 2013 (hereinafter “instant cafeteria”); and (b) there was no injury to the victim E or assaulting the victim F with a dangerous object, such as the facts stated in paragraphs 1 and 2 of the facts stated in the lower judgment.

Rather, the defendant was assaulted by victims at the time, got out of the police station, and accordingly submitted to the police station a letter of complaint prepared with the truth.

The sentence of unfair sentencing (one year and eight months of imprisonment, one year and three years of suspended execution) is too unreasonable.

Judgment

The court below found the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of misunderstanding of facts, i.e., (i) victim E and F, from an investigative agency to the court of the court below, (ii) from the victim E to the court of the court below, “the defendant was at the time when the victim F was faced with glass, embars, spokes, etc., which are dangerous objects to the victim E, and the victim F was able to take the head of the victim F due to high spokes and portable gas, which are dangerous objects to the victim F, and the victim F was at the time when the victim F was able to refrain from her hand and her hand, and the above victim made a statement at the time of her request, and there was no other circumstance to suspect credibility, (iii) the victim E and F made a statement at the time of the victim’s bodily injury diagnosis report (Evidence No. 39) and the victim’s body photograph, and (iv) the victim’s body photograph at the time of the police investigation agency at the time of the case was reported.

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