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(영문) 수원지방법원 2017.03.17 2016노9171
특수협박등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. A summary of the grounds for appeal 1) The Prosecutor’s sentence (10 months of imprisonment, confiscation) by the lower court is too unhued and unreasonable.

2) As to Defendant (1) misunderstanding of the facts and misapprehension of the legal principles, and ① special intimidation, the Defendant at the time of the instant case would die and die in the chief of the management office, and die in the accounting.

There is no express fact, and there is only the fact that “I am knife knife, I am suicide.”

This is merely a threat of harm and injury to himself, and it is not a threat of harm and injury to the victim who is the other party.

② At the time of the instant case regarding the injury, the Defendant was the victim E, but it was merely the passively smuggling in order to escape from the assault in the course of the instant case, such as the victim’s satisfeing of the Defendant and satisfing of the Defendant’s face, etc.

Therefore, the defendant's intentional act or the defendant's above act constitutes legitimate act.

(2) The sentence of the lower court’s improper sentencing is too unreasonable.

2. 1) The following facts are acknowledged according to the evidence duly adopted and examined by the court below concerning the determination of misunderstanding of facts and misapprehension of legal principles.

① The victim D of the instant case consistently takes place from an investigative agency to the original trial by the Defendant, at around 07:00 on July 6, 2016, as indicated in paragraph (1) of the criminal facts stated in the lower judgment, in excess of the excessive amount, which is a dangerous object.

As we see, “I lived as much as I live.”

B. Here, the death, collapse, death, the chief of the management office, and the accounting will also be dead.

2) The Defendant, even before the instant case, made a statement to the effect that he/she was threatened with “I am dead, I am dead” (Evidence No. 33, 62, 100, 113, 114 of the evidence record, page 53, 55 of the trial record).

“.........”

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