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(영문) 창원지방법원 2015.07.08 2014노2876
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles regarding intimidation against the victim E (1) ① The Defendant merely expressed the intent of the above victim while interested, and did not have any intention to have actual harm. ② The Defendant and the above victim drafted a letter of commitment with each other on July 7, 2013, which is the next day of the instant case, and the victim expressed his intention not to punish the Defendant. As such, this part of the prosecution is instituted after the victim expressed his intention not to punish the Defendant. Therefore, this part of the prosecution procedure against the victim F constitutes a case where the prosecution procedure is null and void in violation of the provisions of the Act. (2) The fact that the Defendant committed a violation of the Punishment of Violences, etc. against the Victim F (the collective threat of deadly weapons, etc.) in the instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant instant case, or the said victim did not have any dance with the

Therefore, this part of the case constitutes a crime of intimidation under Article 283 (1) of the Criminal Code, which is a crime of non-compliance with the above victim, and since the above victim submitted a written agreement with the investigative agency stating his intention of non-compliance with the above victim, this part of the prosecution is filed after the indication of the intention of non-compliance with the punishment in

Therefore, this part of the public prosecution procedure should be dismissed because it is invalid because it violates the provision of law.

B. The sentence imposed by the lower court (two years of suspended execution in August, and eight hours of community service order) is excessively unreasonable.

2. Determination

A. In the crime of intimidation, misunderstanding of facts and misunderstanding of legal principles as to the crime of intimidation against the victim E means the notification of harm to an extent generally likely to cause fear to a person by viewing it as a means of general, and an intentional act as a subjective element of the crime is likely to cause harm to such an extent.

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