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(영문) 대전지방법원 2020.01.16 2019노1886
특수협박등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that the ruling shall be made for one year from the date of the final judgment.

Reasons

1. The summary of the grounds for appeal: The lower court’s sentence (five million won of a fine and one year of suspended execution) is too uneasible and unreasonable.

2. Determination is a favorable condition that the Defendant led to the confession and reflect of each of the crimes of this case, the spouse, who is the victim of the crime of special intimidation, does not want the punishment against the Defendant, and the Defendant does not have any other criminal records except for those subject to a fine once due to drinking driving.

However, each of the crimes of this case is an unfavorable circumstance in which the Defendant, while taking a bath against his spouse while under the influence of alcohol, threatened by using excessive materials, which are dangerous objects, and thereby, committed assault against a police officer who was arrested as a flagrant offender and under investigation by the police while conducting police investigation. In light of the circumstances of the crime, method, danger, etc., the crime is not good, and the spouse appears to have received considerable fear and mental shock due to the crime of special intimidation, and the fact that the victim police officer was unable to receive a letter from the police officer.

In full view of the above unfavorable circumstances and other factors of sentencing, such as Defendant’s age, character and conduct, environment, details and details of the crime, and circumstances after the crime, etc., the lower court’s punishment is deemed to be too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence recognized by the court below and the summary of the evidence are the same as the corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 284, 283(1) and 136(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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