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(영문) 대구지방법원 2014.12.30 2014노705
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant cited a knife and has not threatened the victim.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

B. The sentence imposed by the court below (two years of the suspended sentence of imprisonment for six months) is too unreasonable.

2. Determination

A. The victim D stated that not only the investigation agency but also the court of the court below made a statement that the defendant threatened himself/herself as stated in the facts charged.

The statements of the victim are consistent, concrete, and reasonable in the explanation of the situation, so credibility is recognized.

It seems that the police officer called the victim at the time of the report did not immediately mean the defendant's knife and threatening the defendant.

However, according to F's statement of F, a police officer, who was called to the scene after receiving a report, the victim was the same at the time that the victim was uneasy and difficult at that time, and the victim was also able to make a detailed statement later and there is another time that the victim could make a detailed statement later, and it is acceptable that the victim did not immediately speak the fact that the defendant had knife and threatened it at the time of the report.

In addition, it is difficult to view the victim’s statement consistently and specifically made thereafter solely on the ground that the above facts were not stated at the time of reporting.

In full view of the evidence duly admitted and examined by the court below and the court below as well as the statements of the victim whose credibility is recognized, the defendant is sufficiently recognized as threatening the victim as stated in the facts charged.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is just, and the defendant's assertion of mistake is without merit.

B. Determination on the assertion of unfair sentencing

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