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(영문) 대구지방법원 2020.09.24 2019노3791
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts1) The Defendant in the case of 2018 Godan2856 did not threaten the victim with regard to the crime of special intimidation, and there was a fact at the time of the victim’s bucking with regard to the crime of assault, which constitutes self-defense by the act of defending the Defendant’s arms, but the victim did not inflict bodily injury upon the victim in relation to the crime of assault, and obtained prior consent from the victim in relation to the preparation of a marriage report in relation to the crime of forging documents. Nevertheless, there was an error in the misapprehension of facts in the judgment of the court below finding the Defendant guilty of this part of the facts charged. 2) In light of the fact that the Defendant was registered as the representative director and operated jointly by the victim, the victim’s prior consent or presumption can be made.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous.

B. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) is too unreasonable.

2. Determination

A. Of the 12018 High-Ma2856 cases, the following circumstances that can be acknowledged by the evidence duly adopted and investigated by the lower court regarding the first-Ga special intimidation in the judgment of the lower court, namely, ① the victim consistently stated in the investigative agency and the lower court to the effect that “the Defendant ” in the investigative agency and the lower court stated to the effect that “the Defendant she she she lshed and threatened gasoline into the body in its entirety.” ② The victim stated in the lower court in a very concrete manner the circumstances leading up to the Defendant her warehouse, the type and color of the Tong including gasoline, the victim’s assessment, the victim’s statement, and the victim’s behavior after the commission of the crime. The victim’s statement described the detailed circumstances that it is difficult for the victim to make a statement without direct experience.

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