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(영문) 수원지방법원 2018.08.23 2018노1776

특수협박

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding / [Defendant] Although the Defendant was fighting with the victim, the Defendant did not have a knife.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by mistake of facts.

B. As to the sentencing unfair [the defendant and the prosecutor] of the court below's sentencing (the amount of 4 million won) the defendant asserts that it is too unreasonable for the prosecutor as it is too unfluent, and the prosecutor is too unfluent.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the victim argued that “The Defendant was waiting for a short time while fighting one another by pushing the face on three scam and a rail, and went into the house and threatened with the kitchen.

The court below made a clear statement that "the kitchen was a kitchen knife with a knife with a knife with a knife with a knife with a knife with a kitchen." The court below made a statement to the effect that the following circumstances, i.e., the victim’s statement at the time of reporting 112, “the other party’s knife with a knife with a knife”, ② police officers dispatched to the scene immediately after the case discovered a kitchen knife with the same type as the victim’s descriptions in the defendant’s house knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with the victim’s knife with a knife’s

In addition to the above circumstances, the defendant's knife knife and the fact of threatening the victim is sufficiently recognized.

Therefore, the defendant's assertion of facts is without merit.

B. The sentencing of the defendant and the prosecutor is unfair.