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(영문) 제주지방법원 2018.05.24 2018노116
특수존속협박등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Of the facts charged in the instant case, the lower court rendered a judgment dismissing the public prosecution regarding assault against C, and rendered a judgment of conviction as to the remainder of the facts charged, and as only the Defendant appealed against the guilty portion among the lower judgment, the dismissed portion of the public prosecution for which the Defendant and the Prosecutor did not appeal was separately determined

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

The gist of the defendant's appeal is that although the defendant did not use the F as knife or knife the F, the court below erred by misunderstanding the facts, which affected the conclusion of the judgment, and that the sentence (one year and six months of imprisonment) imposed by the court below is too unreasonable.

gamba dys

According to the evidence cited by the court below, such as F’s statement, the defendant’s assertion of mistake as to the facts of intimidation in special existence of this case is without merit.

However, considering the fact that the defendant deposited KRW 300,00 to the victim D in the trial of the party, that the victim F wanted the defendant's prior wife, and other various circumstances, which are the conditions for sentencing as shown in the instant case, the sentence that the court below sentenced against the defendant is unreasonable, and thus, the defendant's improper assertion of sentencing has merit.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and the point of assaulting the choice of punishment against the crime: Article 260 (1) of the Criminal Act (elective of imprisonment): Articles 284, 283 (2) and 283 (1) of the Criminal Act (elective of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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