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(영문) 대구지방법원 2018.08.24 2018노1483
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

가. 사실 오인 2017 고단 6151 사건 중 2017. 4. 15. 자 특수 협박, 폭행과 관련하여 피고인이 술병을 들고 G를 때릴 듯이 위협한 것이 아니라 술병을 쥔 채로 삿대질한 것에 불과 하다. 2017 고단 6582 사건 중 특수 폭행과 관련하여 피고인은 피해자 N에게 돌을 던진 것이 아니라 O에게 던진 돌이 단순히 튄 것이고, 던진 돌은 500원 동전 크기의 작은 자갈로 위험한 물건에 해당하지 않는다.

The defendant did not put the defendant into the body of the victim with the spawn's illness.

However, the judgment of the court below which convicted this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the Defendant of the facts charged in this part of the instant case, 1) 2017 High Order 6151, which was about April 15, 2017, 201, drinking alcohol in the “Ye Park Park” located in the 26-ro, Seogu, Daegu-gu, Daegu-gu, 2017, on April 15, 2017.

C It is disputed with C, the victim G ( South, 39 years of age) and "I am special? I am special, but I am special.

In order to hear the word “,” and to this end, I threatened the victim as if he were the victim, “................... in the case of a major disease, which is a dangerous thing cited in his hand....

Accordingly, the defendant carried dangerous objects and threatened the victim.

B) The lower court found the Defendant guilty of this part of the facts charged as indicated in its holding.

C) The lower court duly adopted and investigated the evidence, namely, the following circumstances acknowledged by the lower court, i.e., ① the victim made a threat to “a serious desire at an investigative agency and the Defendant’s disease.”

“The fact that the Defendant consistently stated,” and ② in the prosecution “C,” the fact that the Defendant was frighten to the victim.

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