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(영문) 부산지방법원 2013.05.10 2012노3851

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is erroneous in matters of mistake of facts in the judgment of the court below which found the defendant guilty of the facts charged in this case, since the defendant was unilaterally assaulted by the victims, and there was no injury by assaulting G or threatening C with knife.

2. As to the above argument by the Defendant, the lower court stated to the effect that, while the victims used the knives of the Defendant’s knife with the Defendant’s knife, etc., they did not resist at all, and that they did not do so. However, since the Defendant’s injury was not serious, it is difficult to believe that the Defendant did not have any assault to the extent that it would be impossible to resist the Defendant’s knife, and that the Defendant did not have any knife against the Defendant’s knife with the Defendant’s knife, knife with G while taking a knife with the Defendant’s knife and knife with the Defendant’s knife with the Defendant’s knife with the Defendant’s knife with the Defendant’s knife with the Defendant’s knife with the Defendant’s knife’s knife with the Defendant’s k.