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(영문) 청주지방법원 2019.03.29 2018노1252
특수협박등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that from the date of this judgment.

Reasons

1. The lower court found the Defendant guilty of special intimidation and damage to property among the facts charged, and dismissed the prosecution as to each assault around March 15, 2018, around 20:30, and around 23:30, respectively.

A defendant and a prosecutor filed an appeal only against the aforementioned guilty portion among the judgment below, and the prosecutor stated the scope of the appeal in the petition of appeal as “total”; however, since the petition of appeal and the statement of grounds of appeal asserted only unfair sentencing as to the convicted portion, it is reasonable to deem that the dismissed portion of the

Since both the defendant and the prosecutor did not appeal the dismissal part of the public prosecution, the dismissal part of the public prosecution in the judgment of the court below became final and conclusive separately from the appeal period.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. The sentence of imprisonment (six months of imprisonment) imposed on the Defendant by the lower court is excessively unreasonable.

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

3. The instant crime reveals the Defendant’s attitude of threatening the victim, who denies a knife, which is a deadly weapon, to attack the Defendant’s knife with a knife, and as long as long as possible, the Defendant left the front knife with a hife with a deadly weapon, and caused the knife with a hife.

The defendant has a criminal record of violence, and there is a possibility that domestic violence may lead to a serious crime, so it is necessary to prevent it through severe punishment.

On the other hand, on the other hand, the defendant recognized all of the crimes of this case including special intimidation in the trial.

In the court below, the victim does not want the punishment of the defendant by agreement with the victim.

The victim, even in the case of a party, is changing the situation that is difficult to look back to the married couple who has a cerebral disorder and to emblize the farm house, and the defendant is also the defendant.

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