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(영문) 인천지방법원 2014.11.28 2014노3035

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the violation of the Punishment of Violences, etc. Act (collectively weapons, etc.), there was no intention to threaten the Defendant.

B) With respect to the remaining assault except that of assault on February 25, 2012, the Defendant did not assault the victim as stated in the facts charged. 2) Even if the Defendant was found guilty of an unreasonable sentencing, the lower court’s punishment is excessively unreasonable.

B. The Prosecutor’s sentence (Suspension of sentence) of the lower court is unreasonable as it is excessively unhutiled.

2. Judgment on the defendant's assertion of mistake of facts

A. According to the evidence duly adopted and examined by the court below regarding the violation of the Punishment of Violences, etc. Act (collectively weapons, etc.), the victim consistently stated from the investigative agency to the court of the court below that “the defendant had a knife at the house room on April 10, 2013, the victim was “the victim who died as a knife with the victim,” and that “the defendant might actually die,” and consistently stated that “the victim might have a knife with the victim and the knife at the house room on April 10, 2013,” and that “the victim might have actually died, on the ground that there is no reason that

In addition, at the time of the instant case, the Defendant cited the knife from the kitchen at the time of the kitchen and took the knife in front of the kitchen visit, and recognized the fact that the Defendant brought the knife to the main room by “the knife of the knife, knife” to the victim who was 20 months after the birth of the knife with the knife in front of the inside room.

According to the above facts and circumstances, it is reasonable to deem that the Defendant generally notified harm to the extent that people may cause fear, and that the Defendant had sufficiently perceived and quoted that the victim was informed of such harm and injury at the time. The Defendant’s act is simple.