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(영문) 서울북부지방법원 2018.09.21 2018노443
특수협박
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant, while knife a knife on the knife, only had the victim once with the knife on the knife, did not display the knife as indicated in the facts charged in this case, and did not have any intent to threaten the victim at the

B. At the time of committing the instant crime, the Defendant was physically and physically in a state of mental weakness due to the injury and injury.

(c)

The sentence of the court below (one year of imprisonment, two years of suspended execution) against the illegal defendant in sentencing is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. 1) According to the victim’s police statement, according to the victim’s police statement, the defendant committed an act of putting his knife and knife to the victim, again put the knife into the back knife and knife (Evidence No. 21-22). According to the video of the Defendant’s image (Evidence No. 50 pages of the evidence record), following the crime, the knife at the time when the Defendant put the knife into the knife in the knife.

2) However, as seen above, the Defendant’s act, which seems to have been placed in the knife and knife as seen above, was sufficient to cause the general public to feel fear, and the victim also stated to the effect that “When knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

B. In light of the circumstance leading up to the instant crime, motive of the crime, means and method of the crime, the circumstances after the crime, the diagnosis of the Defendant, etc., which could have been known through the record, the Defendant had the ability to discern things or make decisions due to the tide and illness at the time of the instant crime.

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