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(영문) 대전지방법원 2015.09.24 2015노991 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty of mistake of facts (Article 1 to 3, 5 to 8 of the facts stated in the original judgment) did not assault, threaten, or injure the victims as stated in this part of the facts charged, and there is an error of law that affected the conclusion of the judgment by misunderstanding of facts.

B. The lower court’s imprisonment (one year and six months of imprisonment) against the Defendant is too unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts (part 1 to 3, 5 through 8 of the facts charged in the original judgment) is based on the evidence duly admitted and investigated by the court below, i.e., (i) C and G, the victims of each of the crimes of this case, are relatively specific and detailed in-depth statements from investigative agencies to the court of the court of the court below without direct experience as to this part of the facts charged; (ii) the explanation of the situation is reasonable; and (iii) the statement is mutually consistent; (iv) there is no special circumstance to deem that the judgment of the court below on the credibility of the above victims' statements concerning this part of the facts charged was clearly erroneous, or there is no result of further examination of evidence conducted at the court of the first instance (see, e.g., Supreme Court Decisions 2008Do7917, Nov. 30, 2009; 2006Do4974, Nov. 24, 2006; and (iv) the aforementioned evidence and evidence were submitted to the investigative agency.