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(영문) 광주지방법원 2014.01.29 2013노2158
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The court below found the defendant guilty, even though there was no fact that the defendant had threatened the victim's face, such as the facts charged, because the defendant had knifeed his/her knife with the victim's external dispute, and the victim escaped out of the house, and found the defendant guilty, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below and the court of appeal on the assertion of mistake of facts adopted and examined the evidence, namely, the following circumstances acknowledged by the court below and the court of the trial, namely, the victim had entered the police house in the condition of 10 minutes after telephone conversations with the defendant, and threatened the defendant to die in the house as they had a knife with a knife with a knife at the kitchen. The defendant entered the house and stated that the defendant should immediately open the front door and sent the front door to the police office, and the South East Dong Dong reported to the police office. The court of the court below stated that "the defendant was called to work in the kitchen and received the phone from the defendant, and the defendant was called to the house after 10 minutes after the arrival of the kitchen, and that the defendant was killed in his face at his house, and that the defendant should have come out of the body of the victim's entrance and made a false statement."

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