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(영문) 부산지방법원 2015.11.26 2015노3004
공무집행방해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Seized knife (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not put a knife in a mountain, such as a knife knife knife, or knife knife knife as he knife knife in a knife, and was in possession of a knife in a knife, and cannot be deemed an act of carrying a deadly weapon. However, the judgment of the court below is erroneous in the misapprehension of facts and misapprehension of legal principles which found the Defendant guilty of this part of the facts charged by deeming that he had threatened the victim with a deadly weapon, and the Defendant was aware that knife knife knife knife knife knife knife knife knife knife.

3) Even if the court below found the Defendant guilty, the sentence of the court below (three years of imprisonment) is too unreasonable. B. The court below’s imprisonment (three years of imprisonment) is too uneased and unreasonable.

2. Determination

A. Before determining the grounds for appeal by the defendant ex officio, prior to the judgment on the grounds of appeal by the court below, the prosecutor examined the facts that the defendant had a knife and threatened the victim D with the possession of a knife in the facts charged against the defendant during the trial, and applied for the amendment of the indictment with regard to "violation of the Punishment of Violences, etc. Act (collectively weapons, etc.)" as "special intimidation", and "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act" as "Article 284 and Article 283 (1) of the Criminal Act" as "Article 283 (1) of the Criminal Act", and since this court permitted this, the judgment of the court below

However, the defendant's above mistake of facts and misapprehension of legal principles, and the claim of mental disability is still subject to the judgment of this court.

B. Judgment on the Defendant’s assertion of mistake of facts or misapprehension of legal principles, such as deadly weapons.

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