beta
(영문) 서울서부지방법원 2015.01.22 2014노727

폭력행위등처벌에관한법률위반(집단ㆍ흉기등감금)

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 the part of the charge of carrying a deadly weapon, although the defendant, as stated in the judgment of the court below, did not contain any fact that he detained the victim on the vehicle, or there was any intimidation or assault by carrying a deadly weapon.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended execution, and two hundred hours of community service) is unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court and the lower court, such as the victim’s statement at the lower court’s trial court and the investigative agency’s statement, H and I’s statement at each investigation agency, damaged photographs, damaged parts photographs, 112 reported case handling table, text message, etc., the following circumstances are acknowledged.

(1) The victim stated to the effect that “the defendant had a knife in the vehicle and attempted to die” from the time when he was assisted by the criminal suspect who was passing through the scene of the case, and consistent from the investigative agency to the court of the trial, the defendant consistently stated to the effect that “the defendant had a knife opened a front door to put the knife in the vehicle, and intending to get the knife in the vehicle, and the defendant also saw the knife to the knife by the knife of the vehicle. After starting the vehicle, the defendant's defect in which he tried to open and open the knife in the kitchen, he knife the knife and knife the knife and knife the head by leaving the kitchen.”

The victim's statements in this part are consistent, specific, clear, and contradictory to important parts or are not inconsistent with other objective evidence.

(2) At the time of the instant case, H, who observed the scene along the paths, tried to kill the victim at the time of “the police station,” and attempted to kill the victim. The victim is the same as “the victim is suffering from an imminent and imminent sound, and the Defendant is unable to do so.”