폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The lower court’s sentencing (limited to eight months of imprisonment, two years of probation, two years of probation, and 120 hours of community service order) is too unreasonable.
B. Prosecutor 1) misunderstanding of facts (not guilty part) the Defendant threatened the victim with knife at the time of the instant crime. 2) The lower court’s sentence on unreasonable sentencing is too unjustifiable.
2. Judgment on the prosecutor's assertion of mistake of facts
가. 이 부분 공소사실의 요지 피고인은 원심 판시 범죄사실 제1항 기재 일시장소에서 그와 같이 피해자를 협박한 후 밖으로 나가 불상의 장소에서 위험한 물건인 칼을 가지고 다시 들어오려는 것을 피해자가 보고 유리문을 잠그자 유리문 바깥에서 칼을 들고 피해자에게 나오라고 소리 지르며 찌르는 시늉을 하여 피해자의 신체 등에 대하여 어떠한 해악을 가할 듯한 태도를 보이며 피해자로부터 돈을 갈취하려고 하였으나, 피해자가 이에 응하지 아니하여 미수에 그쳤다.
B. The Defendant asserts that there is no consistent knife from the investigative agency to the court.
The “Defendant knife knife knife knife knife knife knife knife knife knife knife knif
① There is no statement stating to the effect that “A” was “a defendant knife at the time of investigation by the prosecution as of February 26, 2014 and March 18, 2014,” which was submitted by G, at the time of the accusation as of February 7, 2013, the police investigation as of April 25, 2013, and the prosecution as of February 26, 2014.”
② During the investigation process on May 10, 2013, G made a statement to the same purport as above in the police investigation, and made a statement with M in court for the same purpose.
As regards the blade-shaped size of the defendant, G's investigation agency and legal statement are not consistent and specific, and M's legal statement is considerably different from M's legal statement.
After reporting to the police, the inside of the photographic book is not available.