(영문) 대전지방법원 2015.09.23 2015노1456 | 리걸엔진

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(영문) 대전지방법원 2015.09.23 2015노1456

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. In light of the fact that the defendant suffered a disturbance in the state of his principal taking advantage of the fact that he saw a h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’

B. The sentence imposed by the court below on the grounds that the sentence of unfair sentencing (the fine of KRW 10 million) is too uneased and unreasonable.

2. Judgment on the assertion of mistake of facts

A. On September 13, 2014, around 21:15, the summary of the charge charged against the non-guilty portion: (a) at the Fjum point of the victim E’s operation in Daejeon-gu, Daejeon-gu, the victim H (41 years of age) who is another customer while drinking alcohol was changed; (b) the victim called “hacker, dead, and dead,” while holding the victim as his/her hand, displayed the shoulderer’s disease toward the victim; (c) the victim got away from the victim’s escape; and (d) the victim was hicked several times.

As a result, the defendant carried a shoulderer disease, which is a dangerous object, and expressed the attitude that the victim seems to inflict any danger and injury on the life, body, etc. of the victim.

B. The judgment of the court below is based on each of the following facts and circumstances acknowledged by the evidence in the judgment of the court below, i.e., ① the defendant did not appear with other customers including the victim H prior to the occurrence of the case, ② the defendant could harm the following himself or herself because he did not voluntarily participate in a telephone conversation with the female friendly who was in the time of the instant case and did not go through a beer, and ③ the witness I stated at the court of the court of the court of the court below that "at the time of the testimony of the court of the court of the court of the court of the court of the court of the court of the court below, the defendant was able to do so only with the defendant's fluencing disease by drinking alcohol, and there was no desire to flusing the h toward the victim He, ④ the victim H.

유사 판례

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