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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울북부지방법원 2018.11.30 2018노1670
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the facts as follows.

1) As to the special intimidation among the facts charged in the instant case, there was no fact that the Defendant shouldered the fluor’s disease or danced the fluor’s disease.

2) As to the charge of special assault among the facts charged in the instant case, the Defendant did not have any record of having inflicted harm or damage on the victim due to protein.

B. The sentence of the lower court (two years of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. In full view of the following circumstances revealed through evidence duly adopted and examined by the lower court regarding the assertion of mistake as to special intimidation and special assault, it can be sufficiently recognized that the Defendant: (a) threatened a shoulderer’s disease, which is a dangerous object to the victim; and (b) assaulted the victim through an friendly delivery, which is a dangerous object, as indicated in each of the facts charged in this part.

The above assertion by the defendant is without merit.

1) At the time of the police investigation, the victim found soldiers on July 3, 2018 in the state where the defendant was boomed, and found soldiers on the part of his/her operation, breaking them on the floor, breaking them into a shoulder bottle, and pushed them into the inner string, and it was extremely difficult for the victim to have knife so far as he/she did not cut his/her body behind the police at that time." On July 14, 2018, the victim found the defendant again at the above female house and the preceding day followed the defendant's duty to report to the police, and the victim refused to request the plaintiff to take the 2,000 won of the flick, thereby making the defendant take away from his/her body with his/her body so that the victim took away from his/her body and stated the kitchen body with his/her low body."

2) The above statement of the injured party is very specific.

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