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(영문) 부산지방법원 2018.03.22 2018노181
특수협박등
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The sentence of the lower court (eight months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The crime of this case is found to be disadvantageous to the defendant, such as threatening the victim B with a knife, which is a dangerous object of the defendant, and the police officer called out after receiving a report by the son, taking the knife the right buckbbbbs by the police officer, with heavy liability in light of the method and content of the crime, if the victim B was unable to flee, a serious result may occur if the victim B was unable to escape, and the fact that the defendant did not receive any knife from the victim police officer.

However, the court below's punishment against the defendant is too unreasonable, considering the fact that the defendant wants to take the defendant's wife against the defendant by agreement with the victim B when the defendant was in a trial, that the defendant is pening his mistake in depth, that the defendant's health status is not good due to a bomb's disease, and that other circumstances, which form the conditions for sentencing specified in the argument of this case, such as the defendant's age, sexual conduct, environment, etc., are too unreasonable.

Therefore, the defendant's argument that the above sentencing is unfair is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) (a) of the Criminal Act (a point of special intimidation), Article 136(1) (a) (a point of obstructing the performance of official duties) of the Criminal Act, and the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with heavier special intimidation);

1. Article 62(1) of the Criminal Act (the above defendant)

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