폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant, who was suffering from a business dispute, sent a paper plastic bag at the back seat of the motor vehicle, which contained a letter of complaint, while the Defendant was living in a fluent relationship with the victim, and the victim escaped, and there is no fact that the knife knife knife knife knife knife knife knife on the back part of the motor vehicle as indicated in the instant facts charged.
Therefore, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.
B. The punishment of the lower court (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the community service work 120 hours) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly admitted and investigated by the court below and the court below, it can be recognized that the Defendant was exposed to the victim in a knife of the knife knife knife knife, as indicated in the facts charged in the instant case.
Therefore, the judgment of the court below that convicted the Defendant of the facts charged of this case is just and acceptable, and there is a violation of law by mistake of facts as alleged by the Defendant.
subsection (b) of this section.
Defendant’s assertion is without merit.
1) At the request of the Defendant from the investigative agency to the trial court and the trial court, the victim met the Defendant along with D who mediated two persons at the place where the instant crime was committed at the latest time. The Defendant, who was under the influence of alcohol at the first place, she was frighted on the back of the back of the back of the back of the knife with the knife knife, he was frightd one time, and reported to the police and concealed the knife by escaping from the building near the knife and reported to the police, and asked D to assist.
The victim's statement is the same as the victim's statement.