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(영문) 서울중앙지방법원 2020.01.31 2019노2893
특수협박
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts: (i) the Defendant did not have committed the instant crime again by finding the victim again, but rather caused the victim to the Defendant. (ii) The Defendant did not say that she would tear, although having expressed a her desire to do so. (iii) The Defendant merely expressed a knife that she would tear to the victim; and (ii) the Defendant did not leave the knife with the intent of intimidation, and does not leave the knife with the victim’s chest by taking the knife with the intent of intimidation. (iii) The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the court of first instance as to the Defendant’s assertion of mistake of facts, the Defendant could sufficiently recognize the fact that the Defendant again found the victim as indicated in the lower judgment and said that the victim would have knife the victim’s chest with the victim’s chest, and that “the width would tear.” As such, the above assertion by the Defendant is without merit.

① The victim stated in the investigative agency and the court of the trial that “the Defendant has found three times in the tent in which the Defendant was placed, and the third, that “the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife the Defendant strongly

② The Defendant stated at the prosecutorial office that “The Defendant saw drinking alcohol at the convenience point, taken the knife knife to women, and threatened them with “phere to tear.”

(Evidence Records 121 pages). (b)

The crime of this case against the assertion of unfair sentencing by both parties is a threat to the victim using a knife and may result in a dangerous result. Therefore, the nature of the crime is not good.

(b).

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