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(영문) 인천지방법원 2020.11.12 2020노2245
특수협박등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A1’s violation of the Punishment of Violences, etc. Act (joint injury) as indicated in the judgment of the court below on the misunderstanding of facts, Defendant A and the victim at the time of the instant case, and Defendant B told Defendant B, who is dissatisfied with the instant case, and brought the victim out of the Defendant A, and Defendant B did not put the victim out of the victim by stick for mountain use, etc. including the victim. 2) The sentence of unfair sentencing (two years of imprisonment) sentenced by the court below against Defendant A is too unreasonable.

B. Defendant B (Defendant B) misunderstanding of facts is unreasonable because the lower court sentenced Defendant B to the punishment (one year of imprisonment) is too unreasonable. The lower court’s sentencing is so unreasonable that it is too unreasonable that Defendant A and the victim merely reported the form of disputeing the victim’s house at the time of the instant case, and there was no fact that the dangerous goods of the victim are probted with probted stick or a portable radio device was put to the victim.

2. Judgment on the defendants' assertion of mistake of facts

A. The Defendants asserted to the same effect as the lower court’s judgment, and the lower court rejected the Defendants’ assertion on this ground for the following reasons.

1) At the time of handling 112 Report immediately after the instant case, at the investigation agency and this court, the victim made a statement that Defendant A was her knife and her knife on his hand, and Defendant B made a statement that Defendant B was carrying the victim’s knife and portable radio knife with rain, stick, etc. The statement is consistent and concrete and consistent with objective evidence, such as the fact that the victim was faced with knife in the future, and the fact that the victim was faced with knife in the future, the portable radio, mountain, stick, etc., and the personal knife’s knife photograph. 2) Defendant A cannot accurately memory the situation at the time of drinking.

3) The facts that Defendant B “I am out of all” and reported are recognized in around 15:49 on November 25, 2019.

Defendant

B If intending to witness the Defendant A's assault and to speak, it shall be reported immediately to the police.

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