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(영문) 서울고등법원 (춘천) 2013.05.29 2013노56
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") did not use the kitchen knife which is a dangerous thing for the victim G as stated in paragraph (2) of the crime in the judgment below, the court below found the defendant guilty, and there is an error of mistake of facts.

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

2. Determination

A. Defendant case 1) In light of the following circumstances acknowledged by the evidence duly examined and adopted by the court below's determination of mistake, i.e., (i) the victim G is consistently from the investigative agency to the court of the court below to make a kitchen for the victim, and (ii) the witness D is consistent from the investigative agency to the court of the court of the court of the court below to make a statement that the victim she had a kitchen with the kitchen in the restaurant at the time of the defendant's statement that he had a kitchen in the same manner as the victim she had a kitchen in the restaurant at the time of the court of the court of the court below, the judgment of the court below convicting the defendant of this error is justifiable. Accordingly, this part of the defendant's allegation of unfair sentencing is without merit. Accordingly, this part of the judgment of the court below which found the defendant guilty. The defendant assaulted his aged mother, damaged another's property without any reason, damaged the victim's property, and committed a crime threatening the victim G-kn

In addition, considering the fact that the damage has not been recovered at all, the defendant had the same criminal record as the damage to property and the injury to existence, and other various circumstances, including the defendant's age, character and conduct, intelligence and environment, the motive, means and consequence of the crime of this case, and the circumstances after the crime, the sentence imposed by the court below is too unreasonable.

The defendant's assertion of unfair sentencing is without merit.

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