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(영문) 부산고등법원 (창원) 2018.12.12 2018노221

특정범죄가중처벌등에관한법률위반(보복협박등)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to mistake of facts and misapprehension of the legal principles: The Defendant did not have any misunderstanding of the victim E, and the Defendant did not have any misunderstanding of the victim E by hand, and the Defendant did not have any price of E’s face.

In relation to each special intimidation: The defendant has no record of intimidation against the victim F and G by carrying dangerous articles.

In order to voluntarily surrenders, the Defendant called F along with G to the effect that he calls the police station while going to the police station to make a statement as they were damaged, and there was no intimidation for the purpose of retaliation against F’s statement related to investigation.

2) The Defendant was physically and mentally deprived or physically weak due to the fact that the Defendant, at the time of committing each of the instant crimes, took a friendly weapon for the prevention of suicide, and was under the influence of alcohol.

3) The sentence sentenced by the lower court to the Defendant (one year and ten months of imprisonment) is too unreasonable.

B. In full view of the misunderstanding of facts, misunderstanding of legal principles (the part concerning special intimidation among the acquittal part in the reasoning of the judgment below), various evidence submitted by the prosecutor (including the evidence additionally submitted in the trial), and the existence of the statement made by G in the police, the prosecutor, who is sufficiently recognized that the defendant acted three times in knife of G, stating the scope of appeal in the entirety of the judgment of the court below, but did not state specific reasons for appeal as to the part of acquittal part of the suspicion of joint injury.

2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.

2. Determination

A. The evidence duly adopted and examined by the court below as to the Defendant’s assertion of misunderstanding of the facts and legal principles, in particular, a suspect interrogation protocol, a report on internal investigation (No. 21, the confirmation of CCTV around the N-distance Violence Scenes and the attachment of photographs, the net time 21), and a internal investigation report (No. 1, the confirmation of CCTV at the scene of the G Terrorism, the attachment of photographs, and the net time 22).