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(영문) 대전지방법원 2014.02.06 2013노2532

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Error of facts, the Defendant did not assault the victim on or around March 2013, and there was no fact that he used the victim as his hand on or around May 1, 2013. However, there was no fact that he threatened the victim with threatening as the victim’s garasium, and there was no fact that he threatened the victim.

B. The sentence of unfair sentencing (eight months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. The lower court consistently affirmed the following circumstances acknowledged by evidence duly admitted and investigated by the lower court: ① there was a dispute between the Defendant and the Defendant in relation to the transfer of the claim to the Defendant for debt collection; ② the victim from the investigative agency to the lower court’s trial; ② from the office of the second floor in Daejeon-gu D Co., Ltd., Ltd. located in Daejeon-gu, 2013, which was operated by the Defendant; upon the request of the Defendant to transfer the claim to the Defendant; the Defendant’s inside the office was flick-gu, and the Defendant was flick-gu, and the chest was 2:3 times from 14:00 on May 1, 2013, 201: (a) there was a difference between the Defendant and the Defendant; (b) the victim’s face was 5 to 6 times; and (c) the Defendant made a statement from the investigative agency to the victim’s face was flick-gu, and (d) the Defendant died with the victim’s 1 to 3.

Therefore, it threatens the victim's item as well as the victim's body, and the internal body of the defendant is the first step from the defendant.