폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant, as shown in the facts charged in this case, did not contain any threat to the victim, and the lower court found the Defendant guilty of the facts charged in this case. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
2. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined at the lower court’s judgment, namely, ① the victim from the investigative agency to the court of the lower court’s trial: (a) left three voice messages with the victim’s cell phone that “the Defendant left the victim’s cell phone, e.g., f., e., chrode, chrode,” and sought them at the Defendant’s home; and (b) the Defendant, upon entering the Defendant’s house, extracted the kitchen knife of the victim’s kitchen knife, posted at the front cover, and threatened the victim as shown in the facts charged.
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3. Conclusion.