폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is that the defendant carried a knife that is a dangerous thing and has not threatened the victim;
(The testimony of the witness in the original trial is not reliable, and the knife is not found at the defendant's office). 2. B. prior to the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal by the defendant's office. The prosecutor applied for changes in the indictment of this case to "special intimidation", "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act" and "Article 283 (1) of the Criminal Act" and "Article 284 and Article 283 (1) of the Criminal Act" and "Article 283 (1) of the Criminal Act" were "Article 284 and Article 283 (1) of the Criminal Act" and the judgment below was no longer maintained.
However, the defendant's above assertion of misunderstanding of facts is still subject to the judgment of this court, even though the above ground of misunderstanding of facts exists.
3. In light of the following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant’s knife, which is a dangerous object, as stated in the facts charged, is sufficiently recognized as threatening the victim.
Therefore, the defendant's above assertion is without merit.
① 피해자 D은 수사기관에서부터 원심 법정에 이르기까지 '피해자는 당진시 소재 C아파트 103동 802호에 거주하고 있었고, 피고인은 그 옆집인 801호에 거주하고 있었는데, 피고인이 저녁때마다 괴성을 지르거나 벽을 쿵쿵 치는 등 소음을 발생시켜 피해자가 피고인에게 여러 번 항의하였다.
On May 2, 2014, around 01:07, the defendant tried to resist it to the defendant, along with the victim E in front of the front of the 801 suspender, and the defendant opened the door.