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(영문) 울산지방법원 2014.05.30 2014노84
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In ordinary, when one's conduct and the other party are fighting a fighting, the act of beer and beer must generally be the purpose of threatening the other party, and in that case, the other party can be injured if the fighting is discontinued. Therefore, the judgment of the court below which acquitted the defendant of the facts charged that the defendant saw the beer, which is a dangerous object, as his hand, and threatened the victim F by the sound, is erroneous in the misapprehension of facts.

The court below found the Defendant not guilty of the facts charged by taking into account the following facts: (a) the Defendant citing beer’s disease as her hand and stated that he attempted to stop fighting against G and E, the Defendant’s daily behaviors, G and E, not f, and F was able to stop fighting; (b) the Defendant saw her head from back to be beer disease to be her head; and (c) at the time of the Defendant’s statement to the effect that the Defendant did not her disease; and (d) the Defendant stated that each legal statement from G and E is insufficient to recognize the facts charged.

Considering the circumstances, such as the reasoning of the lower judgment duly admitted and examined by the evidence of the lower court, and considering the fact that the Defendant stated that the Defendant was unable to witness the appearance of the Defendant, the victim of the instant facts charged, G, E, and F, the victim of the instant facts charged, the Defendant’s intimidation, as shown in the instant facts charged, is difficult to view that the Defendant threatened the Defendant, as indicated in the instant facts charged.

As such, the above judgment of the court below is justified, and there is no error of mistake as alleged by the prosecutor.

If so, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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