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(영문) 서울북부지방법원 2015.01.23 2014노1446
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant cited a knife and did not threaten the victim, and did not have any intention of intimidation.

B. The sentence imposed by the lower court (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below and the following circumstances recognized by the court below, i.e., the victim consistently with the investigative agency: (i) the defendant, while drinking alcohol together with female-friendly job offers F at the restaurant operated by the defendant, was engaged in drinking alcohol at the same time; and (ii) the defendant, under the influence of alcohol, stated that "the defendant, under the influence of alcohol, was knife and threatened with a knife with a knife as stated in the facts charged of this case," and the victim stated that "at the time of the last calculation, the defendant was able to drink together with the defendant while drinking alcohol in the restaurant operated by the defendant; and (iii) the defendant, as described in the facts charged of this case, led to a telephone investigation conducted by the investigative agency and the court below; and there is no circumstance to reject the credibility of such confession; and therefore, (iv) the defendant's assertion that there was an intentional act of threatening the victim as stated in the facts charged of this case and the victim at the time of intimidation cannot be justified.

B. The fact that the instant crime of unfair sentencing was committed contingent, and that there was an agreement with the victim in an investigative agency, etc. are favorable to the defendant.

However, the crime of this case cited a knife, which is a dangerous object on the ground that the defendant expressed a complaint in the food value, and threatened the victim who is a customer, in light of the circumstances of the crime, method of the crime, etc., the act is not less than that of the crime, and the defendant has the record of being punished as violent crime, and other facts.

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