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(영문) 서울중앙지방법원 2014.04.24 2014노674
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

All the judgment of the first, second, and third court shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and three months.

Sub-paragraphs 1 and 2 of this paragraph.

Reasons

1. Summary of grounds for appeal;

A. The first and second original judgment which found all guilty of the facts charged against the defendant in mistake of facts is erroneous as follows.

(1) In the case of the first criminal act in the judgment of the court of first instance, the defendant merely told the victim E of "on the face of the police to throw a drinking cans off" at the convenience point, and there was no fact that "the police saws down, saw the flab, saw the flab, saw the flab and the flab", and in the case of the second criminal act in the judgment of the court of first instance, the victim I died first of the male-child group in the victim I, and there was no knife and the knife and the knife and the knife and the knife, or threatened the victim I.

(2) At the time of committing the instant crime, the victim N’s damage had already been cut to the victim at the time of the instant crime, and the Defendant’s act was not cut to the end.

B. The lower court’s sentence of unreasonable sentencing (the first instance judgment: imprisonment with prison labor for eight months and confiscation, and the second lower judgment: imprisonment with prison labor for one year and six months and six months: imprisonment with prison labor for six months) is too unreasonable.

2. Determination

A. Before determining the grounds for appeal ex officio, this Court tried at a concurrent hearing of three appeals cases against the three judgment of the court below. The facts constituting the crime of each judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence shall be imposed on the whole of the facts constituting the crime in accordance with Article 38(1)2 of the Criminal Act. In this regard, the judgment of the court below 1, 2, and 3 cannot be maintained.

However, even if there are such reasons for ex officio destruction, mistake of facts by the defendant is subject to the judgment of this court, and this is examined.

B. (1) According to the evidence duly adopted and examined by the first instance court of the first instance judgment on the assertion of mistake of facts, the Defendant intimidation the victim E at each time and time as stated in the facts charged.

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