폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In the process of mistake of facts, the Defendant only left the chair to sit, left the chair, and did not pose a threat to E, and in that process, F did not face the above chair.
Nevertheless, the lower court found all of the charges guilty, and the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. The lower court’s sentence of ten months of imprisonment and fine of three million won imposed on the Defendant is too unreasonable.
2. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts or misapprehension of legal principles, the fact that the defendant entered the D cafeteria located in Nam-gu Busan on October 26, 2013 as indicated in the judgment of the court below that: (i) around 21:30 on October 26, 2013; (ii) the victim E, who is an employee of the above cafeteria, prevented the victim from smoking; and (iii) the defendant saw the victim as the victim of the above cafeteria to avoid smoking; and (iv) the fact that the victim F, who was a victim of the cafeteria, was injured by the victim F, who was her seated, and was faced with the victim's her son's her part, and thereby, can be sufficiently recognized.
In this regard, the defendant asserts that F is a person who habitually injures himself, but there is no reasonable reason or motive that F is likely to harm himself at the time of the recording.
On the other hand, the defendant asserts that the statements of E and F are not reliable because they are contradictory or reversed, but they do not seem to be contradictory or reversed.
Therefore, the defendant's above assertion is without merit.
3. On April 24, 2013, the Defendant was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Busan District Court’s branch branch branch on April 24, 2013, and the execution of the sentence by the Busan Correctional Institution on September 19, 2013.