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(영문) 의정부지방법원 2019.06.27 2018노2820
특수협박
Text

The defendant's appeal is dismissed.

Expenses of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as indicated in the facts charged, does not have any fact that there was a threat of the victim E or a knife with the victim’s knife by inserting the inserted inserted and inserting the inserted date, as indicated in the facts charged.

(b) The sentence of the lower court in the course of sentencing: Imprisonment with prison labor for six months, suspension of execution, two years, probation, and community service hours;

2. Determination

A. The Defendant asserted the same purport as this part of the grounds for appeal even in the lower court’s determination of mistake of facts.

In light of the evidence presented in the summary column of the evidence as stated in the judgment of the court below, the court below found the defendant guilty without accepting the defendant's assertion, on the ground that it is sufficient to acknowledge the fact that the defendant added the victim E to the date and time stated in the facts constituting the crime, and used a knife and threatened the victim F.

According to the evidence duly admitted and investigated by the court below, the defendant can use the insertion or knife and sufficiently recognize the fact of intimidation of victims as stated in the judgment, and there is no illegality of misunderstanding of facts that affected the judgment, such as the above grounds for appeal.

Therefore, the defendant's assertion of mistake is not accepted.

B. The lower court determined a sentence by comprehensively taking into account the following circumstances and the matters stipulated in Article 51 of the Criminal Act. A person under way: A person under way: (a) has no record of being punished for the same kind of crime; (b) the victim of this case does not want to be punished; and (c) the reason and reason for the sentencing of the Defendant, such as the Defendant’s health condition, family relationship, etc., such as the provision of punishment, is determined by the lower court, and the sentence determined by the lower court is appropriate within the discretionary scope.

In addition, there is no reason to judge that the sentencing conditions have changed in the trial.

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