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(영문) 대구지방법원 2013.05.03 2013노244
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was a fact that knife and intimidation the knife in the knife of the Defendant, the Defendant did not seem to have shown any knife the victim’s timber.

B. The Defendant, while under the influence of alcohol at the time of committing the instant crime, was in a state of mental disability or mental disability.

C. The lower court’s sentence of unreasonable sentencing (one year and two months of imprisonment) is excessively unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the victim C consistently stated from the police investigation to the court of the court of the court below that "the defendant gets kn's knife while taking the knife in the part of the knife," and reported the defendant to B and the police at the damaged restaurant," and its contents are specific and credibility until the circumstances of the case and the defendant's detailed actions are committed.

In addition to the fact that the Defendant: (a) had a knife knife on the right bridge to threaten the victim immediately before the crime of this case; (b) had a knife knife knife knife knife knife knife knife knife knife knife on the knife knife knife on the knife knife on the knife knife knife on the knife;

B. According to the records, even though the defendant was aware that he had drinking at the time of committing the crime of this case, in light of the defendant's reputation, the background, process, means and method of the crime of this case, and the defendant's behavior before and after the crime of this case, the defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case.

Since it seems that there was a weak or weak condition, the defendant's assertion of legal principles is justified.

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