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(영문) 청주지방법원 2018.09.14 2018노424
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to a special residence intrusion, the victim’s residence is a joint residence of the Defendant and the victim who was in a de facto marital relationship at the time, and does not constitute “other person’s residence” which is the object of the crime of intrusion. Moreover, the Defendant did not intrude the victim’s residence against the victim’s will at the time.

2) Regarding the point of special intimidation, although the Defendant had a kitchen knife at the time, he did not appear to have the same attitude of causing harm to the victim.

3) The court below erred by misunderstanding the above facts and affecting the conclusion of the judgment.

B. A crime committed under the influence of alcohol with respect to the destruction of special property from mental and physical disorder, special intrusion upon residence, and special intimidation.

(c)

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. 1) As to the assertion of mistake of facts, the court below found the defendant guilty on this part of the facts charged in detail in the summary of the evidence among the judgment below. A thorough examination in comparison with the records, the judgment of the court below is just and acceptable, and in addition, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the defendant's statement to the effect that "the place of the crime in this case is the house of the victim, the house of the defendant is the Jinjin-gun, Chungcheongnam-do, Jincheon-gun, and the house of the defendant was living together with the victim at the victim's house for one year (Evidence No. 67 of the evidence record), and even according to the above statement by the defendant, the defendant was in a de facto marital relationship with the victim as a common living body of both parties.

In full view of all the facts, it is recognized that the defendant carried dangerous articles like the facts charged and intruded into the victim's residence, and the defendant points out them.

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