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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.08.26 2014노6894
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (a violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violence, etc. Act (a collective, deadly weapons, etc.)) did not mean that the Defendant would die while taking gas guns to the victim. 2) The sentence of an unreasonable sentencing (a one-year suspended sentence of imprisonment) by the lower court is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the Defendant’s assertion of mistake of facts or misapprehension of legal principles: (i) the victim, as consistent from the investigation agency to the court of the court below, stated, “The Defendant escaped to the toilet by threatening the Defendant to die in the gas gun, and later, the Defendant threatened the Defendant to die in the toilet reading room and its windows by inserting the toilet room and its windows by inserting the rupture,” and (ii) the victim specifically stated important parts of the situation at the time of intimidation and before and after the time of intimidation; (iii) the victim’s statement is highly reliable in light of the content and content of the statement; and (iv) the evidence submitted by the prosecutor, taking full account of the evidence presented by the prosecutor, the fact that the Defendant threatened the victim by carrying dangerous gas guns, rupture, and inserted as stated in the facts charged in the judgment of the court below can be sufficiently recognized.

Therefore, the defendant's assertion is without merit.

3. The instant crime of determining the allegation of unfair sentencing by the Defendant and the prosecutor is a situation unfavorable to the Defendant, such as gas gun, net value, or insertion, which is a dangerous object, threatening the victim, and destroying property owned by the victim, and assaulting the victim in collaboration with G. In light of the background, frequency, method, and content of the crime, etc., the crime is not appropriate, and the same victim committed repeatedly against the same victim, etc.

When the defendant is in a trial, he is the victim.

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