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(영문) 서울고등법원 2013.06.21 2013노1711

현존건조물방화미수등

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The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The Defendant’s intimidation the victim as a knife, or called “the deader”, and the knife was laid on the restaurant floor. Therefore, it cannot be deemed that the Defendant inflicted an injury by carrying a deadly weapon.

Judgment

According to the evidence duly admitted and examined by the court below, the defendant can recognize the fact that the defendant has inflicted an injury by threatening and booming the victim as stated in the facts constituting the crime in the judgment below.

In addition, with respect to the argument that it does not constitute an injury by carrying a deadly weapon, the court below rejected the above argument by stating in detail the defendant's assertion and its decision under the title "the defendant and his defense counsel's assertion". In light of the evidence and legal principles of this case, the court below's judgment is just, and there is no error as argued by the defendant.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act for lack of reason.