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(영문) 서울북부지방법원 2020.09.18 2020노982

특수협박

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the D main points where the victim works (hereinafter “instant main points”), the Defendant: (a) laid the victim’s knife on the table of the table table at the location of the victim; and (b) took a bath for the victim; and (c) threatened the victim; (d) however, there is no fact that the Defendant threatened the victim with the knife as stated in the facts charged in the instant case, with the knife as the knife knife.

Therefore, the facts charged of this case are established only for simple intimidation, not for special intimidation, and as long as the victim expresses his intention not to punish the defendant, the judgment dismissing the prosecution should be sentenced to the defendant.

B. The lower court’s imprisonment with labor for eight months and confiscation against the Defendant is too unreasonable.

2. Determination

A. 1) In light of the aforementioned legal principles, the term “Carrying” of dangerous objects of the relevant legal principles refers to the possession of dangerous objects below the body or body near the body (see, e.g., Supreme Court Decision 2008Do2794, Jul. 24, 2008) and the term “on hand” includes not only possession but also wide use of the phrase “on hand” (see, e.g., Supreme Court Decision 2002Do2812, Sept. 6, 2002). 2), taking into account the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant can be acknowledged as threatening the victim as stated in the facts charged of this case, and thus, the victim’s assertion of mistake of facts is without merit. The victim is the victim who died of the Defendant’s knife or knife with the victim’s knife at the location where the victim died, as indicated in the facts charged of this case.