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(영문) 의정부지방법원 2014.06.18 2013노1831
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is to hear the words of knife from knife to knife at the time of the decision of the court below, and to take the knife to knife as indicated in the decision of the court below, but it did not threaten F by citing the above knife to F.

2. Determination

A. On April 5, 2013, the Defendant: (a) around 09:00 on April 5, 2013, the Defendant: (b) threatened the victim on the ground that the Victim F, who was living on the mother E and the upper floor of the Defendant’s house located in the Namyang-si, the Defendant expressed a knife knife (the knife, the knife, the knife, the knife, the knife 20cm in the knife knife, the knife knife knife knife knife knife knife knife knif

B. As to the judgment of the court below, the court below found the aforementioned facts charged as evidence, such as part of the F’s statement in investigation agencies and the court of the court below.

C. The Defendant’s judgment at the court of the first instance has a change as to the summary of the above grounds for appeal from the stage of the prosecutor’s investigation to the trial of the court. As evidence consistent with the facts charged, the victim F’s investigative agency and the court of the court below have some statements, while, on the other hand, there are statements in E’s investigative stage and the court of the court of the first instance consistent with the Defendant’s defense as evidence that conforms with the Defendant’s

First of all, the victim F's statement was expressed consistently by the victim F in knife, ① the defendant's knife in his house and knife the knife in the judgment of the court below, but the knife stated the victim F in knife with the above knife as "the knife, the knife", ② the victim's mother and the knife with the defendant's knife called "the knife, the knife", ② the victim's mother and the horse fighting against the defendant's mother, and the defendant's knife is contingent.

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