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(영문) 대전지방법원 2018.11.08 2018노564
특수협박
Text

All appeals filed by prosecutors and defendants are dismissed.

The costs of the original judgment and the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the Defendant 1 cited a knife in order to open a knife visit, and did not threaten the victim to “to die.”

However, the lower court determined that the Defendant threatened the victim by using a knife, which is a deadly weapon.

As such, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2) The sentence of the lower court (one year of imprisonment with prison labor, four months of suspended execution, one year of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The following circumstances acknowledged by the lower court’s judgment as to the Defendant’s assertion of mistake of facts, namely, ① a police officer called to the scene “E who received a report 112 at the time of the instant case, sent to the scene “at the time of the instant case,” and made a statement that “the Defendant used a knife and threatened the Defendant” from the damaged party. The victim was a knife, and the victim’s door was a knife, and ② the Defendant appears to have expressed a knife by threatening the victim even around March 2016, and the victim could have expressed a knife to assist the village head.”

The judgment of the court below is just, and there is no error of mistake as to the facts alleged by the defendant.

3. The lower court’s judgment as to each of the grounds for appeal is not acknowledged to be unfair because the Defendant’s punishment is too excessive or too heavy, even considering the circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal, since the sentence was determined within a reasonable scope by fully taking into account all the circumstances regarding the sentencing of the Defendant, and there are no circumstances to be newly considered in the trial.

4. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, all of these appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the Criminal Procedure Act concerning the burden of litigation costs at the original judgment and the trial.

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