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(영문) 창원지방법원 2020.11.20 2020노863
특수협박등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Summary of Grounds for Appeal

A. misunderstanding of facts (related to special intimidation) recognizes the fact that the Defendant laid a bovine-sick on the floor of a Madern, but there is no fact that the Defendant threatened the victim by breaking the Madern, “Bak Bak” and sound.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment, two years of suspended sentence, two years of probation, community service, 80 hours of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances, which can be recognized by the court below based on the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, the defendant's assertion of mistake of facts is without merit, since it is recognized that the defendant laid the main disease, which is a dangerous object before the victim sees the victim at the victim's house, and broken it on the floor, and that the defendant threatened the victim by harming the victim, such as "the mone chrop chrop chrop", which was a dangerous object at the victim's house.

1) The victim made a statement from the investigative agency to the court below that "the defendant saw a tree monet where he was frighted and frighted from the bar to the bed of the bed of the bed of the bed of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee of the bee.

3. When committing the instant crime.

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