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(영문) 광주지방법원 2017.11.21 2017노2109
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal doctrine merely set up against the assault by the victimized person, and thus, it constitutes a legitimate defense rather than threatening the victimized person to excessively threaten the injured person.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. Determination

A. The following circumstances acknowledged by misunderstanding the facts and legal principles and duly adopted and investigated by the lower court, namely, victim and witness D, have consistently set up and set up against the victim’s head excessively from the victim to the lower court’s court at the investigation stage.

Not only stated, but also that they came to be excessive to meet the victim of the defendant's India's injury.

In light of the stated facts, the Defendant may recognize that he was in accordance with the principle of good faith and intimidation, and that there was an urgent or supplementary nature required for the defense of a political party by citing excessive intimidation against simple assault.

It is difficult to see it.

Therefore, we cannot accept the Defendant’s assertion of mistake and misapprehension of legal principles.

B. The criminal defendant was assaulted by the victim and caused the crime of this case, and there are some points to be considered in the motive and circumstance of the crime.

However, the defendant has been subject to punishment several times for violent crimes by threatening the victim by excessive use of it, making it highly dangerous, failing to agree with the victim.

In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy.

It is difficult to see it.

Therefore, the defendant's argument of sentencing is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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