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(영문) 인천지방법원 2014.07.11 2013노1886
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The summary of the grounds for appeal is that the accused is not able to take the victim’s bath or excessively over the victim.

The evidence that the court below found the defendant guilty is limited to the victim's statement, the police statement, and the court below's statement, and there is no credibility because the victim reverses the statement continuously while making a statement in the court below. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination on the grounds for appeal

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court, it is recognized that the Defendant threatened the victim by threatening the victim’s chest part of the victim’s chest.

First, at around 13:00 on May 25, 2012 from the investigative agency to the court, the victim consistently stated that the Defendant was able to challenge another person in Cari or in a sugar room, and that the Defendant was able to take a bath to the marier, the victim, “the same year, and the dunes, dunes,” and the Defendant was able to knife the transition that the Defendant had knife cut off to the victim, and was sick on the face or chest on several occasions.

In addition, F also made a knife knife knife to the victim at the time of the temporary border, and made a knife knife knife knife that knife knife knife knife knife knife.

둘째, 피고인은 ① 피해자가 진술서에서는 피고인이 피해자의 얼굴 부위에 칼을 들이댔다고 했다가 진술조서에서는 가슴 부위에 칼을 들이댔다고 하여 진술을 번복하고 있는 점, ② 피고인은 피해자가 피고인이 과도를 가슴에 들이밀어 금방이라도 찌를 것 같아 위협을 느껴 마주 대하는 것조차 무섭고 겁난다고 하면서도...

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