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(영문) 전주지방법원 2015.03.20 2014노1489
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not have threatened the victim with knife or overwork on the date and time stated in each of the facts charged in the instant case.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the court below’s duly adopted and investigated evidence, namely, ① the victim consistently and specifically made a consistent and detailed statement by the defendant knife from the investigative agency to the court of the court below, and ② the victim at the time and time stated in paragraph (2) of the instant charges reported 112 to the effect that “the victim is threatening..............” The victim was sent to the residence of the defendant and the victim, the place indicated in paragraph (2) of the instant charges, and (3) the Defendant appears to have abused the victim, exercised violence, and threatened the victim with a deadly weapon, such as knife, even before the instant case (the investigative record 75 pages).

Therefore, the defendant's assertion of mistake is not accepted.

B. The instant crime of determining unfair sentencing is not only a case where the Defendant, without any grounds, threatened the Defendant with the victim on the ground that the wife might deceive other males, but also the nature of the crime and the criminal intent are not good. Moreover, in light of the fact that the Defendant denies the Defendant’s act of intimidating the victim in knife up to the trial, and that the Defendant is liable to the victim, the circumstances after the crime are also good.

However, for 30 years except that the defendant did not directly harm the body of the victim, that the victim was the victim's wife and that the defendant was sentenced to a fine for assault in 2014.

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