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(영문) 서울고등법원 2014.02.21 2013노3399
폭력행위등처벌에관한법률위반(상습폭행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding that there was only a misunderstanding of facts that there was a misunderstanding of facts that the date and time of paragraphs 1 and 2 of the Decision No. 1, and the food is the same as the maximum food at the place, and there was no intimidation or interference with the business

(2) There is no fact of threatening the victim D at the time, place, etc. of paragraph (1) of the judgment.

(3) There is no fact that he had raised any question at the time and place of paragraphs (d) and (2) of the judgment No. 1.

4. There was no fact that “the deceased” was told at the date, time, place, etc. of paragraph 1(e) of the ruling, nor had no purpose of retaliation.

(5) No defendant shall be habitually recognized.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. The defendant alleged that he was identical to the above grounds for appeal in the court below, and the court below rejected the allegation in detail in the first 1 to 19 of the judgment.

Comprehensively taking into account the evidence duly admitted and examined by the court below and the statements of the witness D of the party trial, it is recognized that the defendant threatened the victim D with intimidation, assault, and obstruction of business by force as described in the first-A, (b), (d), and (2)-A of the judgment of the court below.

Therefore, this part of the defendant's argument is without merit.

B. On July 23, 2013, at around 01:00 on July 23, 2013, the summary of the facts charged: (a) the Defendant responded to the “E” restaurant as indicated in the above paragraph (a) above; and (b) the Defendant stated, “I am informed that I would like to show and confirm the images of the victim D’s report; and (c) I would have died of the test that I would like to be adequate in law; and (d) the Defendant threatened the victim for the purpose of retaliation against the provision of the investigative team in relation to the investigation of his criminal case. (ii) according to the testimony of the witness D at the above time and at the above location, I would like to say, “I am deadly,” and “I am, I am, I am, I am.”

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