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(영문) 서울동부지방법원 2013.12.20 2013노1170
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by two years of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts as indicated in the facts charged in the judgment of the court below, the court below convicted the Defendant of this part of the facts charged, on the ground that there was no threat or assault against the Victim K with a spacker or a knife, as stated in paragraphs 3 and 4

(2) The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.

(3) The sentence imposed by the lower court on the Defendant (one year and two months of imprisonment) is too unreasonable.

B. The above sentence imposed by the court below on the defendant is too uneasible and unfair.

2. Determination

A. In full view of the following circumstances that can be recognized in accordance with the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of misunderstanding of facts, namely, ① the victim K made a concrete and consistent statement from the investigative agency to the lower court court’s court as stated in the facts charged; ② the Defendant’s husband’s statement residing with the Defendant and the victim, living together with each other, corresponds to the facts charged; ③ the Defendant also stated in the investigative agency and the lower court to the purport that “the Defendant assaulted the Victim K on June 11, 2013,” such as the Defendant’s statement to the effect that “the facts assaulted the Victim K at the investigative agency and the lower court” was recognized, the fact that the Defendant threatened the Victim K as stated in Articles 3 and 4 of the facts charged at the time

B. Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding the Defendant’s mental and physical argument, it may be recognized that the Defendant had drinking alcohol at the time of each of the instant crimes, but in light of the Defendant’s reputation, the background leading up to the commission of the crime, the means and method of the crime, and the Defendant’s act before and after the commission of the crime, etc., the Defendant is under the influence of alcohol at the time of each of the instant crimes.

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