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(영문) 대전고등법원 (청주) 2013.04.11 2013노36
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for six months.

The judgment below

(2).

Reasons

1. Summary of grounds for appeal;

A. The part of the case by the Defendant (1) and the requester for medical treatment and custody (hereinafter “Defendant”) of mistake of facts and the requester for medical treatment and custody (hereinafter “Defendant”) did not take the following measures: (a) in the process of finding a person who has expressed a desire to do so with a kitchen knife while living together with the kitchen knife; (b) sound the victim D, which read “befind..............”

In addition, even though the victim G is not knee kelel.", the victim did not take a bath related to sexual intercourse against the victim.

Nevertheless, the lower court erred by misapprehending the facts charged, which found the Defendant guilty.

(2) The lower court’s imprisonment (eight months of imprisonment) against the Defendant of unreasonable sentencing is too unreasonable.

B. The judgment of the court below ordering the defendant to provide medical treatment and custody is unreasonable, since the part of the medical treatment and custody case suffers from a dead mental fission but the symptoms can be shown when the defendant continuously receives medical treatment at a hospital without the need for medical treatment at the medical treatment and custody facility.

2. The part of the defendant case

A. Comprehensively taking account of the evidence duly adopted and examined by the court below, such as each statement at the police of the above victims in determining the mistake of facts, the defendant adopted the kitchen knife as stated in the facts of the crime in the judgment of the court below, followed the victim D by having the kitchen knife "ress." followed by having the victim E with the kitchen knife, and having the victim E with the kitchen knife "ins...................... the defendant threatened the victim G with the desire related to the sex "Isn't........" so, the defendant's assertion of

B. There are extenuating circumstances, such as: (a) the Defendant, who made a judgment on the unfair sentencing, had a kitchen knife, which is a deadly weapon, and threatened another person; and (b) had the record of receiving a fine by threatening another person even before.

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