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(영문) 서울북부지방법원 2018.04.26 2017노2432
무고등
Text

The judgment below

The acquittal portion on conviction and special assault shall be reversed.

Defendant shall be punished by imprisonment for eight months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s act by misunderstanding the legal principles does not constitute harm to the extent that it may cause fear to the other party in the “crime of intimidation,” but there is an error in the misapprehension of legal principles in finding Defendant 1 guilty of this part of the facts charged.

2) The sentence of the lower court (six months of imprisonment, two years of suspended execution) that was unfair in sentencing is too unreasonable.

B. According to the statement of the victim of a special assault, records containing the conversation between the victim and the Defendant’s parents at the time, records containing the contents of the conversation between the victim and the Defendant’s parents, the witness F of the lower court’s trial, etc., it is apparent that the victim’s head satisf, which is a dangerous object of the Defendant, is evident. Even if the victim was well aware of the victim’s head satisf, it cannot be deemed that the victim’s consent was given even if the victim was well aware of the victim’s head sat

Since the defendant was found to have committed a special crime of assault as long as he did so against the victim's will, the judgment of the court below which acquitted the defendant of this part of the facts charged is erroneous.

B) It is evident that the Defendant made a false complaint in light of the following: (a) photographs of the figures presented by the Defendant along with the written complaint; (b) records containing the conversation between the victim’s mother and the Defendant’s parents; (c) statements by the Defendant’s relatives; and (d)

Therefore, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the legal doctrine (the point of intimidation), the term “Intimidation” means a notice of harm that may cause a person to feel a fear. Here, the harm refers to the infringement of legal interests, and there is no limitation on the type of legal interests that may be infringed.

It is hard to say that the defendant is in conflict with and is difficult for him to meet.

The victim sent the message to the victim, "I will die on the face of Abace.

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