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(영문) 대전지방법원 2017.08.30 2017노1680
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (the point of special intimidation, among the cases No. 2017 Heights, No. 168) is that the Defendant, who was far away from the floor, has opened the kitchen knick on the front line, and the Defendant has not threatened the victim V with the kitchen knife.

B. At the time of each of the instant crimes, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

(c)

The punishment of the court below (one year and two months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and examined at the court below as to the assertion of facts. ① The victim prepared a statement at an investigative agency that “the defendant threatened the victim with “to throw away knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.”

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