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(영문) 대구지방법원 2013.07.19 2013노1616
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of misunderstanding the fact, the Defendant only got a victim in a state where he was placed in a temporary room, and there is no fact of threatening the victim with excessive roads.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is excessively unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the victim consistently brought about a threat from the investigative agency to the court of the court below by consistently citing the knife while leaving the knife in order to enter the entrance of the knife. The defendant brought knife onto the knife and continued to put the knife. The defendant also stated in the court below that "the knife was put on the knife knife which was being used together with the knife with the knife, and the victim sawd to take the knife by taking the knife," and that the victim immediately reported to the police and seized the knife of the knife that the knife possessed by the defendant. Therefore, the above argument by the defendant is without merit.

B. 1) On the assertion of unfair sentencing, the victim did not want the punishment against the defendant, the defendant and the victim appear to have reached an contingent crime of this case, even though it is recognized that the defendant had the same criminal record 14 times (3 times of suspension of execution of sentence, 11 times of fine). The crime of this case is committed by the defendant in a knife in the desire of neighboring residents, and the nature of the crime is not good, and the defendant is not contrary to the truth, and it is not determined that the sentence of the court below is unreasonable, considering various circumstances, such as the defendant's character and behavior, the motive, means and method of the crime of this case, and the circumstances after the crime, etc., which are conditions for sentencing. 2).

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