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(영문) 대전지방법원 2013.11.27 2013노1904
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of all the circumstances, including the following: (a) the Defendant is against the law; (b) the victim K of the crime of intimidation carrying a deadly weapon; and (c) the agreement with the PP of the victim of the crime of bodily injury, etc., the sentence imposed by the lower court (two years of imprisonment and confiscation) is too unreasonable.

2. It is recognized that the decision-making defendant was committed each of the crimes of this case, the victim K, and the agreement with P, and the defendant had mental disorder due to the harmful use of alcohol.

However, each of the crimes of this case is required to be operated by the victim R without the intention or ability to pay the alcohol value on December 13, 2012 when the defendant lacks the ability to discern things or make decisions due to symptoms of mental illness.

On December 19, 2012, the victim P, an employee of the victim, was provided with an aggregate of KRW 125,00,00 in the market price, such as drinking and singing and singing services. On January 2, 2013, the victim’s cell phone was stolen from one mobile phone equivalent to KRW 1,00,00 in the market price owned by the victim, and on January 2, 2013, the victim P, an employee of the victim, from among the persons who were engaged in drinking in singing at a singing room, was broken down with his/her string, he/she would be able to receive approximately 14 days of medical treatment, and the victim’s 3:0,000 won of his/her cell phone at around 02:30 on January 6, 2013; the victim’s 1:5,000 won of his/her cell phone at around 10,000 won of his/her own price; and the victim’s 1:6.7:06,206, etc.

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