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(영문) 수원지방법원 2014.11.03 2014노12

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. On May 5, 2013, at around 00:10, the Defendant: (a) taken a knife the knife, and knife the knife the knife (the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif knif knif knif knif knif).

2. The summary of the grounds for appeal shows the knife to the victim in company with a knife at the knife singing practice room by taking the knife from the knife, and states that “The knife does not interfere with it.” This speech and behavior is reasonable to reduce the fear of extreme morality to the general public, and the victim also saw the fear and threat to the knife.”

As such, it is reasonable to reasonably anticipate that the victim could feel fear and danger by the Defendant’s speech and behavior, and it is reasonable to view that the Defendant had come to commit this case while reasonably expected these reactions, and recognized and admitted the results thereof.

Nevertheless, the court below found the defendant not guilty on the ground that the defendant had no intention of intimidation, and the judgment below erred by misunderstanding of facts or misapprehending of legal principles.

3. The lower court determined that the Defendant, at the time and place specified in the facts charged in this case, divided one another’s talks in D and peaceful atmosphere, and took the knife of the knife in the form of the knife, such as the Arife, and displayed the knife to D by knife the knife and knife.