logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.10.19 2017노2177
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The appeal by the defendant and the prosecutor shall be dismissed, respectively.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s assertion (1) mismisunderstanding the facts or misapprehending the legal doctrine does not send a text message to the victim C or D for the purpose of retaliation.

In addition, there is no fact that the defendant intended to borrow money from the victim I.

Nevertheless, the lower court found the Defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (defluence intimidation, etc.) and the attempted attempt of attack.

(2) The punishment sentenced by the lower court (one year of imprisonment) is excessively unreasonable compared to the extent of the Defendant’s responsibility.

B. On February 27, 2017, the lower court found the Defendant not guilty of any attempted special attack by misunderstanding the facts, while carrying the kitchen knick, which is a dangerous object, at the time of committing an attempted attack against the victim I, around February 27, 2017.

(2) The above sentence sentenced by the lower court is unreasonable as it is excessively unfortunate compared to the extent of Defendant’s responsibility.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the lower court rejected the Defendant’s assertion in detail on the grounds that the Defendant made the same assertion as the grounds for appeal in this part of this part of the judgment, which stated in paragraphs 2 and 3 under the title “determination of the Defendant and his defense counsel’s assertion”.

In the following circumstances, the court below, based on the evidence duly admitted and investigated by the court below and the court below, reported not only the defendant but also the victim C and D to the police on the ground that they were assaulted by the defendant, and it seems to have been well known at the time of voluntary accompanying to the police box with the police officer dispatched by the defendant. The video CD (Evidence No. 10) taken by K refers to "the defendant must report both."

arrow