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(영문) 광주지방법원 2018.09.12 2018노1714
재물손괴등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The court below's scope of a party member's judgment is dismissed as to each of the facts charged in this case's assault, guilty as to damage to property, and not guilty as to special intimidation, and since the defendant appealed the part of acquittal and dismissed the part of a public prosecution not appealed by the defendant and the prosecutor, the scope of a party member's judgment is limited to the part of conviction and the part of innocence among the judgment below.

2. Summary of reasons for appeal;

A. The lower court’s sentencing is too inappropriate.

B. In full view of the evidence submitted by the Prosecutor 1), the court below acquitted the Defendant of this part of the facts charged, although it could sufficiently recognize the fact that the Defendant carried a knife, which is a dangerous article, and thereby, the court below erred in the misapprehension of facts.

2) Improper sentencing of the lower court is deemed unreasonable.

3. Determination

A. 1) The summary of the facts charged in this part of the facts charged is that the Defendant, on March 1, 2014, took the victim into consideration at the construction site of the Buddhist apartment located in Sinung-si, who was at around 00:00 on March 1, 2014 and knife the knife, which is a dangerous object from the chief receipt place

E. The victim's knifies "if you do not know 10 million won, knife kniff.

“The victim was threatened” and the victim was threatened.

2) The lower court’s judgment: (a) there was a statement between the victim and F as evidence that seems to correspond to the facts charged; (b) however, in light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the said evidence was either difficult to believe that the facts charged were proven beyond a reasonable doubt.

This part of the charges was acquitted on the ground that there is no evidence to prove it.

(1) A victim shall take the place of damage by the police.

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