(영문) 광주지방법원 2016.05.12 2015노3474 | 리걸엔진

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(영문) 광주지방법원 2016.05.12 2015노3474

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Of the facts charged in the instant case, perjury is acquitted.

Reasons

1. Summary of grounds for appeal;

A. On August 16, 2013, the Defendant was guilty of special intimidation, on the grounds that around 22:30 on August 16, 2013, the Defendant used the kitchen knife and threatened the victim D at the Defendant’s house. Therefore, the lower court erred by misapprehending the legal doctrine on special intimidation.

B. There is a fact that misunderstanding of the facts or misunderstanding of the legal principles with respect to the perjury is when D's bucking, and even if D's bucking did not comply with D's c

Even if the defendant, as the defendant, was to display his hand over the face of the D, D her blick.

The testimony of the defendant is not a false statement contrary to memory because he is memory.

Therefore, the judgment of the court below which found the defendant guilty of the perjury is erroneous in the misapprehension of legal principles.

(c)

The punishment of the court below (eight months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court and the trial court as to special intimidation: ① the victim sent a voice recording file containing the Defendant to the Defendant’s cell phone around August 13, 2013; ② the Defendant demanded that the above voice recording file be made in the Defendant’s house, and the victim found it as the Defendant’s house around August 16, 2013; ③ around 22:30 on August 16, 2013, the Defendant used a loan certificate of KRW 30 million to the victim at the Defendant’s home, but at the time, the Defendant did not hold a claim amounting to KRW 30 million against the victim; ④ the Defendant did not have a conversation between the victim and the Defendant around November 13, 2013.

5. The Defendant sent the victim and the Kakao Stockholm message on March 16, 2014, and the Defendant sent the victim and the Kakao Stockholm message on March 16, 2014.

The floor of a slicker who was placed on the sleep, and was off from the slicker.

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