특수협박
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. Although there was a fact that there was a telephone related to the parking of the victim of mistake of mistake and knife knife knife knife, the victim was not threatened with the knife, and there was no intention of intimidation at the time.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, three years of suspended execution, and 160 hours of community service) is too unreasonable.
2. Determination
A. “Carrying dangerous objects” in the special crime of intimidation on the assertion of mistake of facts refers to the case of possessing or carrying the following dangerous objects with the intent to use them at the scene of the crime.
The issue of whether there was an intention to use a dangerous object should be determined with reasonable consideration of all the circumstances, such as the defendant's motive for crime, circumstance of possession of a dangerous object and method of use thereof, personal relationship between the defendant and the victim, and circumstances before and after the crime.
(2) In light of the aforementioned legal principles, the lower court did not err by misapprehending the legal principles as to the existence of intimidation, as otherwise alleged in the ground of appeal. In so determining, it did not err by misapprehending the legal principles as to the existence of intimidation, as otherwise alleged in the ground of appeal, contrary to what is alleged in the ground of appeal.
(See Supreme Court Decision 201Do2412 Decided May 26, 201). The following circumstances acknowledged by the evidence duly adopted and examined by the lower court (see Supreme Court Decision 2011Do2412, May 26, 201). In other words, (i) the Defendant requested the Defendant to deduct the vehicle parked in front of the restaurant operating the victim by telephone, and (ii) the Defendant made a threatening speech while taking a bath as stated in the facts constituting a crime by telephone; (ii) the Defendant was found in the restaurant of the victim by putting the knife of the knife, which is a dangerous object in his/her own house, and putting the knife of the knife, knife the knife, knife, knife the knife, knife of the victim; and (iii) the Defendant was a victim before the entrance.