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(영문) 서울북부지방법원 2013.09.11 2013노940
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not have any fact that he had threatened the victim with a deadly weapon, and there is no fact that he assaulted the victim.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts: (1) the victim stated that the victim would have died when she saw the knife with knife with knife with knife with knife with knife from the investigative agency to the court of the court below; (2) the victim described relatively in the investigative agency and the court of the court of the court below knife knife with knife with knife with knife used at the time of the instant case; (3) the instant case occurred even though the victim attempted to liquidate knife with the Defendant, and rather the Defendant and the victim reported their marriage with the deadly weapons;

(2) On January 26, 2012, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court: (i) the Defendant consistently stated that he/she abused himself/herself as stated in this part of the facts charged from the investigative agency to the lower court; (ii) the Defendant consistently rendered a statement on the victim’s family relation issues, such as issuance of a victim’s family relation certificate, etc. to confirm the victim’s past marital relationship; and (iii) the Defendant received text messages from the victim of the immediately preceding case; and (iv) the Defendant significantly paid flick to the victim by the victim, who was aware that the “Gnnn” was omitted from the victim.

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