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(영문) 서울중앙지방법원 2019.10.24 2019노2524

특수협박

Text

The judgment below

Of the defendants B, the part of the defendant is reversed.

Defendant

B A person shall be punished by imprisonment for one year.

Defendant A of a public prosecutor.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s imprisonment (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (Defendant A: a fine of KRW 2.5 million, a suspended sentence of one year, and Defendant B: 10 months) of the lower court is too uneased and unreasonable.

2. Determination

A. As to Defendant A, Defendant A cited a knife and faced with the face part of the victim B, and threatening the victim B, and the crime is not against the knife.

Defendant

A was unable to be used by the victim B.

However, when the victim B's daily behavior intends to go to the defendant's wife near the defendant's wife, and the defendant A first listens to the desire from the victim B in the course of speaking, it seems that the crime of this case was committed contingent.

In addition, the victim B set up against the above acts of the defendant A and immediately carried out an excessive assault, such as following the food of the windowpere store operated by the defendant A, by cutting down the defendant A's arms and a lower part of the arms as stated in the crime No. 2. A of the facts of the crime in the judgment of the court below, and cutting down them over the floor, and following the food of the windowpere store operated by the defendant A, etc.

Defendant

A was the age of 69 years at the time of the instant case.

Defendant

A is an initial crime.

In addition, even when comprehensively considering the sentencing factors indicated in the records and arguments, such as Defendant A’s environment and family relations, the lower court’s sentencing against Defendant A is too unhued and thus, does not seem to have exceeded the reasonable scope of discretion.

Therefore, this part of the prosecutor's argument is without merit.

B. As to Defendant B, Defendant B committed the instant crime during the same repeated crime period.

Defendant

B has been punished for violence crimes.

Defendant

B has committed the violent crime of this case against neighboring merchants several times, and the background thereof has been examined, but two months have not passed since the arrest of the defendant in the act of crime against the defendant A was released again, and the victim E shall be exercised.