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(영문) 수원지방법원 2018.08.24 2018노3138

특수협박

Text

The defendant's appeal is dismissed.

Reasons

1. A summary of the grounds for appeal 1) The Defendant, by carrying a knife, dangerous articles at the time of the instant case, had no threat against the victim.

However, the lower court rendered a judgment of conviction against the Defendant by misunderstanding the facts.

2) The sentence of the lower court (six months of imprisonment) which is unfair in sentencing is too unreasonable.

2. The following circumstances are acknowledged according to the evidence duly adopted and examined by the lower court in determining the assertion of mistake of facts.

(1) The injured party is consistently going from the investigative agency to the present court, and the accused knife the window of the driver's seat of a car on which he knife knife knife knife knife knife

the Commission.

was stated.

The victim has made a detailed and detailed statement about the color, length, material, etc. of the knife cited by the defendant at the time.

The above statements made by the victim are reliable.

② At the time of the instant case, the Defendant operated the business title “C”, and the Defendant was found to have a knifeed figure at the back seat of the Defendant’s vehicle discovered at the scene of the crime.

(3) The defendant prices windowd with driving seat of a passenger car the victim gets on board as drinking or each item.

However, it is difficult to view that the window of the victim's driver's seat (15,16 pages of investigation records) was damaged by drinking or each item.

In addition, the defendant's finger photograph taken on the day of the instant case (34 pages of the investigation record) does not seem to show any external wound.

④ At the time of the instant case, the Defendant made a statement at an investigative agency that he was blickly sounded to the victim inside the train (the 181th page of the investigation record). Examining the above circumstances in light of the fact that the Defendant led to the confession of the instant facts charged at the lower court (the 48th page of the trial record), the Defendant carried a knife, which is a dangerous object, as indicated in the instant facts charged.