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(영문) 서울남부지방법원 2014.02.20 2014노18
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the issue of misunderstanding of facts and the drinking value is resolved by a simple division, the Defendant was knife and knife, and there was a fact that the Defendant driving away from E. However, the Defendant’s mother before gate gate up the knife and knife knife knife knife knife knife knife knife knife F

B. The sentence imposed by the court below on the grounds that the sentence of unfair sentencing (two months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. In light of the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or unless there are special circumstances to deem that the first instance court clearly erred in its determination in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or where it is clearly unreasonable to maintain the first instance court’s determination on the credibility of a statement made by a witness of the first instance court in full view of the results of the first instance examination and the results of additional evidence examination conducted by the time of closing argument of the appellate court, the appellate court should not reverse the first instance court’s determination on the credibility of the statement made by the witness of the first instance on the ground that the first instance court’s determination on the credibility of the statement is different from the appellate court’s determination (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

Since the defendant does not seem to be remarkably unfair, he can fully recognize the fact of threatening the victim as stated in the judgment of the court below.

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