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(영문) 청주지방법원 2020.06.04 2019노1848
특수협박
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that recognized the crime of special intimidation against the defendant was erroneous, which affected the conclusion of the judgment, even though the defendant merely sent a knife to the victim and did not threaten the victim by using a knife or informing the harm and injury.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In the lower court’s determination of facts, the Defendant argued to the same effect as the grounds for appeal on this part.

However, as the court below properly states that the statements made by the victim's investigative agency during the second-class 11 to third-class 16 of the judgment of the court below are not unreasonable or contradictory in light of the specific and empirical rule, and there is no motive or reason to make a false statement against the defendant, and there is credibility because there is no motive or reason to make a false statement.

In addition, the court below's decision that the defendant threatened the victim using a knife is justified in light of the following circumstances that can be recognized by the evidence duly adopted and investigated, ① the victim scambly scam, ② the police report of this case, and the police investigation report of this case, ③ the prosecutor's question at the time of a dispute between the defendant and the police investigation, ③ the court below stated that "when the defendant has a knife in a dispute, the defendant knife" was "when the defendant has a knife in a dispute," and stated "I knife the knife in a knife" (the 16th, 23th, and 72th, the trial record of the investigation record) that the defendant threatened the victim by using a knife.

B. There are unfavorable circumstances, such as the high risk of committing the instant crime of unfair sentencing and the fact that the nature of the crime is not good.

(b).

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