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(영문) 대구지방법원 2018.06.22 2017노5487
존속협박등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3.Provided, That the period of one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In relation to each of the instant housing intrusion crimes, the fact that the Defendant entered the stairs and corridor, which are common areas of the apartment in which the victim resides, is true, but this is an act done with the permission of security guards, and thus, it is difficult to view it as a residential intrusion.

However, the judgment of the court below that found this part of the facts charged guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. Regarding the crime of intimidation on each of the lineal ascendants of this case, the Defendant was physically and mentally weak at the time of the crime.

(c)

The punishment sentenced by the court below (one year of imprisonment, two years of suspended execution, protection observation) is too unreasonable.

2. Determination

A. The Defendant, at the lower court, argued as the grounds for appeal on this part, and the lower court rejected the above assertion in detail, following the summary of the evidence, by stating in detail the “determination on the Defendant’s assertion”.

Examining the above judgment of the court below in comparison with the records of this case, the judgment of the court below is just and it is erroneous in the misapprehension of law as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

Therefore, this part of the defendant's argument is without merit.

B. In light of the developments leading up to, or the process of, the crime of intimidation by each of the instant intimidation, the Defendant’s speech and behavior before and after the crime was committed, etc., whether the Defendant was physically and mentally weak, and the ability to discern things or make decisions was lacking due to mental or physical illness, such as the disorder of illumination at the time of the crime of intimidation by each of the instant force.

It does not seem that it does not appear.

Therefore, the defendant's mental and physical weak argument is without merit.

(c)

The victims and their families have considerable mental suffering due to each of the crimes in this case.

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