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(영문) 대전지방법원 2014.10.16 2014노1999
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In spite of the fact that the Defendant had no threat to the victim by carrying a kitchen knife at the time of the instant case, the judgment of the court below which found the Defendant guilty of threatening the victim by carrying a lethal weapon in the instant facts charged, is erroneous in

B. The sentence of imprisonment (six months of imprisonment) imposed by the lower court is excessively unreasonable.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below's decision on the assertion of mistake of facts: ① even if the defendant was in a state of drinking at the time of the instant case, and the defendant's family members and neighbors testimony, the defendant had drinking and frequently abused the victim's wife at any time and caused the victim's bodily injury; ② the victim so far as the investigation process and the court at the instant case are consistent and clearly and clearly consistent until the trial court, and the victim stated that he threatened the victim with the kitchen, and the victim's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k.

3. The Defendant’s judgment on the assertion of unfair sentencing is the victim even before the instant case.

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