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(영문) 수원지방법원 2015.11.24 2015노4906
특수협박등
Text

The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

Defendant shall be punished by imprisonment for eight months.

Reasons

1. The summary of the defendant's appeal (in fact-finding) is the fact that the defendant damaged the victim's observer G professional cell phone with the victim C, as stated in the facts of the crime of the judgment below, although he did not assault the victim by drinking and panpanty. Although there was a fact that the victim C's knives were boomed twice on the hand floor as stated in the facts of the crime of the judgment below, the victim C's head kn's head kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's kn's upper floor

In addition, as stated in the facts of the crime of the lower judgment, the Defendant: (a) even though there was a fact that the victim C was knife by hand, but did not go beyond the floor by drinking the victim’s face or by exposing it; (b) discovered a knife on the floor at the time, and charged the knife on the knife; and (c) took the knife on the knife and knife the victim C and I.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding all of the facts charged of this case guilty on the grounds of the statements of each of the lower court by the victim C and I without credibility.

2. Determination

A. We examine ex officio prior to determining the grounds for appeal for ex officio determination.

In the first instance of the crime, the prosecutor shall regard "violation of the Punishment of Violences, etc. Act (collectively weapon, etc.)" as "special intimidation", and Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act and Article 283 (1) of the Criminal Act "Article 284 and Article 283 (1) of the Criminal Act" in the applicable provisions of the same Act as "each modification is made, and this court has changed the object of the trial, and thus, the judgment of the court below which found the defendant guilty of the remainder of the criminal facts corresponding to the substantive concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced to a single punishment.

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