(영문) 의정부지방법원 2018.07.17 2018노312

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 의정부지방법원 2018.07.17 2018노312

특수협박

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding, misunderstanding of legal principles, the Defendant did not pose a threat to the victim’s handbath, and did not take a bath, and the Defendant and the victim did not feel a breath by themselves. The Defendant and the victim were able to live in Han Dongdong, and the victim did not feel a breath.

In light of the testimony, etc., the defendant has given notice of harm and injury sufficient to cause fear to the victim.

shall not be deemed to exist.

Nevertheless, the court below erred by misapprehending the legal principles as to the notice of harm and injury caused by the crime of intimidation, since the court below found the defendant guilty of the facts charged in this case.

B. The sentence of the lower court (a penalty of KRW 1.5 million, confiscation) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the Defendant’s factual mistake and misapprehension of the legal doctrine is based on the evidence duly adopted and examined, namely, the following circumstances, namely, ① the victim was faced with the face of the Defendant by head in the Defendant’s obscing of her obscing, and the Defendant cited approximately 10 minutes after her obscing out, and her obscing, took the police officer’s call to the police officer.

A police officer called to the scene at the time was made a statement, ② A police officer called to the scene at the time, “at the time of arrival at the scene, the Defendant saw the Defendant as a grandchild with his/her face while facing him/her and attached him/her mutually with the victim, and the Defendant “packed him/her.”

In the sense of "the victim talks with the word "," and the victim also sees the defendant's age without any misunderstanding of fule.

“A situation in which she took a bath for one another.”

On the other hand, first of all, it is necessary to put the defendant with the mind that it should be in favor of committing so.

In addition, as the defendant got back, the defendant was dried up.

“...........”

유사 판례

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