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(영문) 대전지방법원 2014.06.11 2014노818
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. Although the defendant of mistake of facts had a friend of drinking together with the victim in the Eastern Station, there is no fact of threatening the victim by knifeing him.

B. The sentence of imprisonment (six months of imprisonment, confiscation) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts, the judgment of the court below which found the defendant guilty of the facts charged against the defendant is just and acceptable, and there is no error of law as to misunderstanding of facts, and the defendant's assertion is without merit.

1) The victim, including the defendant and the victim, made a relatively consistent and concrete statement at an investigative agency on the day of the instant case on the ground that the victim took a knife on the ground that the victim took a knife and took a knife and threatened the victim’s knife. At the time of the said statement, the victim’s statement is consistent with the statement and records (Evidence record 72 pages, investigation report, 74 pages, and date of dispatch) that “the perpetrator was dispatched to the scene under the order of special circumstances in which the knife is in possession of the knife)” of the police officer dispatched to the scene at the time of the investigation by the prosecution that “The victim was dispatched to the scene.” On the other hand, the defendant stated that there was no knife on the day of the instant case at the time of the investigation by the prosecution (Evidence record 62 pages), and that there is no objective fact that the police officer had taken possession of the defendant’s knife (the above evidence and evidence).

3 The knife stated that the victim had a knife used to commit the crime against the defendant's knife, and it was confirmed by the police officer.

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