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(영문) 서울북부지방법원 2018.01.09 2017노2172
특수협박등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal of the judgment, and the prosecutor is currently pending in the appellate trial among the facts charged in the trial of the party.

“The foregoing judgment became final and conclusive on December 8, 2017.”

“Application for Amendments to Bill of Indictment was filed,” and the subject of the adjudication was changed by this court’s permission, and the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and it is again decided as follows.

[Reasons for the new judgment] The Defendant who committed a crime was sentenced to imprisonment for one year with prison labor for murder in Seoul Northern District Court on August 9, 2017 and two years of suspended execution, which became final and conclusive on December 8, 2017.

1. On August 13, 2017, the Defendant damaged special property is found in a general restaurant with the trade name of “E operated by the victim D (V, 68 years of age) in Dongdaemun-gu Seoul Dongdaemun-gu, Seoul, for the reason that the victim does not open the door,” and thus, “B. Na, Sc and Death shall be discarded.”

"The reduction of knife" shall be discarded.

"Cement block, which is a dangerous object in the surrounding area, putting cement block, which is a dangerous object such as "," and cut off the entrance.

Accordingly, the defendant carried dangerous articles and damaged the entrance knife of the victim's possession to be 40,000 won of repair cost.

2. The Defendant, at the same place around 16:50 on the same day, takes the same attitude of gathering bricks, which are dangerous objects around the same victim, by hand, on the ground that the same victim does not open a door to himself/herself, and “I want to go to a prison.”

The death shall be discarded by tamping the knife so as to cover the knife.

The victim shall be a victim with the expression "," etc.

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