폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant of mistake of facts is merely a victim of a dispute with the victim, and there is no assault or intimidation as stated in the judgment of the court below.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment with labor, three years of suspended execution, fine of two million won, probation, and community service order 120 hours) is too unreasonable.
2. Determination
A. (1) The judgment of the court below on the assertion of mistake of facts (1) is that the victim's statement in the investigation process and court can be recognized by the evidence duly adopted and investigated by the court below, i.e., the victim's statement in several times from July 15, 2013 to the counselor belonging to the sexual violence counseling center in South and North Korea and domestic violence problems, and the victim made a statement to the same effect as the statement in the investigation process (24 pages of evidence record 2014 to the date of the instant case). In light of the fact that the victim's statement appears to have started separately from the time when the victim left the house living with the defendant on the date of the instant case, and there are no other circumstances to suspect the credibility of the victim's statement, this part of the judgment of the court below can be sufficiently recognized. Thus, this part of the defendant's assertion is without merit.
(2) The following circumstances, i.e., the victim’s statement in the investigation process and court, the victim’s statement and the victim’s diagnosis report at the time of the incident, and the victim’s photograph (2014 high-level 24 high-level 8, 17 pages) are consistent with the victim’s statement, and the victim’s father’s wife was also h in the scene at the time of the report by telephone in 112, which can be acknowledged by the lower court’s evidence duly adopted and investigated by the lower court (the evidence record 37 pages and the Defendant appears to have never contacted the victim at the time of the report).