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(영문) 울산지방법원 2020.08.20 2020노615
특수협박
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal is too heavy.

2. The judgment of the defendant committed the crime of this case by finding out the victim who demanded a separate objection prior to committing the crime of this case, and thereby, the defendant did not seek the victim while being investigated as a suspect by an investigative agency. No. 61 of the evidence record, even though the victim was subject to criminal punishment by clarifying the defendant's intention not to punish him/her, the victim's finding knife and caused the crime of this case by finding him/her to commit the crime of this case. The crime of this case is very poor, and the risk of the act is also high.

Although the Defendant recognized the instant crime and presented rebuttals, the instant crime was derived from love fighting, and the instant crime was committed in the heart of the last time to bring the victim, so there is a change to the purport that there is a reason to consider the motive for the instant crime. However, the foregoing argument is rather likely to lead to the doubt that the Defendant is not aware of the seriousness of the instant crime, but rather, it is difficult for the Defendant to find out whether the instant crime was unhutiled with love fighting.

The so-called “crime” is a kind of “crime,” not a voluntary fighting, but a strict “crime,” and is a special relationship between an ordinary perpetrator and a victim, and the offender continues to commit the crime for a long time due to the special relationship between the perpetrator and the victim, and the perpetrator has caused the crime to be committed in the state of explosion, and there are many cases where the result is serious, and there is a serious social harm.

Although the victim expressed his/her intention to resist the defendant again in the court below following the original judgment, the crime of brub violence is difficult to be severed due to repeated use of brub and reconciliation, and the perpetrator is well aware of the victim's residence, living class, family or person, etc., so the victim is a victim.

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