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(영문) 창원지방법원 2014.02.06 2013노835

폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

knife knife, seized.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) Of the judgment of the court below of first instance, the Defendant’s assaulted the Victim F with the Defendant, or the Victim F with the intent of the Victim F, etc., and committed an assault against it. However, the first instance court found Defendant guilty of this part of the facts charged. As such, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

(B) Of the judgment of the court below of first instance, the Defendant violated the Punishment of Violences, etc. (collectively, deadly weapons, etc.) against the Victim G in violation of the Act on the Punishment of Violences, etc. (collectively, deadly weapons, etc.) was friendly with the victim G, and the Defendant was somewhat aware in the process of borrowing KRW 20,000 from the victim G, but the Defendant did not have any intent to directly threaten the victim G with a mountain knive knife, directly threaten the victim G, or 20,000 won from the victim G. In addition, the Defendant stated that “knife or knife knife knife knife knife knife knife kn

(C) Of the judgment of the court below of first instance, the Defendant did not seem to have made the victim I who had a common friendship with the victim I feel sexually friendly, and there was a little disorder in the frequency collection work in the process of fighting between the Defendant and the victim I, but the Defendant did not directly return the customers. However, the court of first instance found the Defendant guilty of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the fact that the judgment of the court of first instance was erroneous.

(2) The sentence imposed by the lower court under Articles 1 and 2 of the unreasonable sentencing sentence (the first instance judgment: 3 years of suspended sentence; probation; 160 hours of community service order; 40 hours of attending lectures for violent treatment, confiscation; 2 years of imprisonment; and confiscation) is too unreasonable.