폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Defendant
In addition, the appeal by the candidate for medical treatment and custody is dismissed.
1. Summary of grounds for appeal by the defendant;
A. (1) In the part of the Defendant’s case, the Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) divided the victim E and several Madi stories and did not interfere with the victim’s work and did not make a speech threatening the victim H and E.
In addition, only a minor physical contact with the victim H was committed, and there was no assault against the victim, and on June 28, 2013, even though the victim puts the victim E to the victim, it did not threaten the victim due to beer disease, and there was no false report on July 4, 2013.
(2) At the time of committing the instant crime, the Defendant was in a state of loss of the ability to discern things or make decisions due to mental illness such as mental fission, etc.
(3) The sentence imposed by the lower court on the Defendant (two years of imprisonment) is too unreasonable.
B. Since the Defendant does not have committed a crime identical to the facts charged, a request for medical treatment and custody should be dismissed, and the need for medical treatment and custody is not recognized for the Defendant.
2. Determination on the part of the defendant's case
A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant interfered with the financial transaction work at the NA counter of the victim by force, such as threatening other employees of the office where the victim E works from June 10, 2013 to July 1, 2013, “if the victim does not meet, he/she will go to the office,” and placed a false report on July 28, 2013 to the victim H on June 28, 2013, or threatened the victims by leaving a voice message to the victim E, or by leaving a phone on July 1, 2013, 2013, (3) assaulting the victims upon the victim H’s her mick with the victim H’s bream on June 28, 2013, and (4) assaulting the victim E by using a beer disease, which is a dangerous object on June 28, 2013, and (5) installing a false report on July 4, 2013.