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(영문) 서울서부지방법원 2017.03.30 2016노1659
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the facts charged, the Defendant, as the victim sent a message, such as the victim’s “to throw away the Defendant’s death” against the special intimidation among the charges, was only concealed in the Defendant’s home before her fluencing a knife with the victim, in order to prevent the possibility that the victim may threaten the Defendant, and “in mind other fluencings, other ties than the victim.”

There is no fact that the victim threatened the victim, as the victim said that he/she would die.

Therefore, the Defendant carried dangerous articles and threatened the victim.

Although it cannot be seen, the lower court found the charge of special intimidation guilty.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below, the defendant did not directly threaten the victim with a knife, and even if the defendant did not include the victim who was the subject of the "to throw away all the knife", the defendant was aware that the knife could have a knife be put into his own knife and the victim could have a good work if the victim would not hear the victim's horse at least at least at least.

As can be seen, the defendant threatened the victim by carrying dangerous articles.

It is inevitable to see.

(1) The defendant has previously used violence against the victim several times.

The victim had a fluorial flusium from the defendant's flusium, and the defendant and the victim argued this issue on the day before this case.

② Although the victim refused to find out the Defendant on the day of the instant case, the Defendant found the victim’s home.

Before the defendant arrives at the victim's house, the defendant is called ‘friendlys' to the victim by telephone.

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