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(영문) 서울고등법원 2017.03.24 2016노3644
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles or misunderstanding of the defendant, on November 2, 2015, the defendant did not see DNA head with the knives, etc. of the kitchen knife, which is a dangerous thing or dangerous thing.

In addition, on November 29, 2015, the Defendant did not look at the head of D as the age, which is a dangerous object, to go up to or is a dangerous object from the side of E and D.

2) The Defendant was married with D, and is female between E and E, so the facts charged in the instant case must be forwarded to the competent court of home protection cases under Article 12 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (hereinafter “Special Cases Concerning Domestic Violence”).

B. The punishment of the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court also asserted the same purport as the grounds for appeal in this part.

In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated, the lower court, as indicated in the judgment below, found that the Defendant was able to recognize the fact that the Defendant’s head of D with the blades, etc. of the kitchen, etc. on November 2, 2015, as indicated in the judgment of the lower court, and that he was able to recognize the fact that the Defendant was able to go beyond D’s right to the side gate of E and D on November 29, 2015.

The decision was determined.

① As to a special assault on November 2, 2015, there is a D’s statement that corresponds to the facts charged in this part, and as to a special assault on November 29, 2015, there is a statement of D and E and F, a child of the defendant, corresponding to the facts charged in this part.

② Since the investigation agency, D has consistently made statements that correspond to the facts charged, specifically stated the circumstances according to the order of time, and made statements that cannot be known if he/she did not experience by himself/herself, and the statements are credibility.

(3) The E’s statement shall not be made if it is not a person who has very specific, detailed, and directly experienced.

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