beta
(영문) 서울중앙지방법원 2019.06.14 2018노2447

특수협박

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. The time order of criminal facts recognized by the court below is different from the facts.

B. The excessive amount that the Defendant carried is not a dangerous object.

C. The possession of excessive amount at the time of the instant case was possessed for the purpose of defending the victim’s danger and injury, and the possession of excessive amount as hand and clothes was in a brupt, and thus, there was no act threatening the victim.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below on the facts constituting the crime, the defendant's assertion on this part of the defendant is without merit, on a different premise, since it can be sufficiently recognized that the defendant took photographs from the victim as stated in the judgment of the court below and took excessive part in the defendant's house.

B. Whether it is a dangerous thing or not. Article 284 of the Criminal Act provides that "a dangerous thing" includes any thing that can be widely used to inflict harm on human life and body even if it is not a deadly weapon. Thus, not only a thing made for the purpose of killing and destroying a human body but also a knife, knife, glass bottle, various tools, automobiles, etc. made for other purposes, but also a chemical medicine or a dead animal, etc. is used to inflict harm on human life and body (see, e.g., Supreme Court Decision 2002Do2812, Sept. 6, 2002). Thus, the transition of this case is dun knife and knife knife knife knife knife knife knife knife knife knife knife knife knife.

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

C. Whether there was a threat or not, the video submitted by the defendant has entered the defendant's house.