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(영문) 대전고등법원 2017.04.14 2016노408
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, Defendant 1’s injury to the part of paragraph (a) of Article 1 of the lower judgment as indicated in the lower judgment was found to have the victim C’s timbered and pushed over at the time. However, the victim C’s chest was cleeped with her boom or her hand, and the victim C did not seriously go beyond her to the extent that she was injured by brain-dead.

With respect to the attempted special intimidation in Section 1(b) of the decision of the court below, it was true that the defendant shouldered the kitchen glass at the time and took the kitchen knick in the gap of windows, but there was no intention to threaten the victim C.

As to the part of the second injury of the judgment of the court below, the defendant did not have any factual difference with the victim F at the time.

However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The sentence of the lower court’s improper sentencing (one year and four months of imprisonment, confiscation) is too heavy.

B. Prosecutor 1) On June 4, 2016, there was evidence in support of the facts charged as to the assault part against Victim G on June 4, 2016, G and her her her her her her her her her her her her her her her her her her her her her her her her her statements

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

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts, the lower court acknowledged the facts as indicated in its reasoning, based on the evidence adopted by the lower court, as to the part of the Defendant’s 1-A injury to the Defendant’s 1-B, the part of the attempted special intimidation as indicated in the lower judgment, and the part of the 2-B injury as indicated in the lower judgment. In light of such facts, it can be sufficiently recognized that the Defendant inflicted an injury on the victim C and F, and that the Defendant attempted to

The decision was determined.

Examining the evidence duly admitted and investigated by the lower court, the lower court’s judgment is justifiable.

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