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(영문) 대구지방법원 2018.05.31 2017노5424
특수협박
Text

The prosecutor's appeal is dismissed.

Reasons

1. The defendant's act of threatening the victim on the knife of the ground of appeal has the nature of the act of attack and thus does not constitute a legitimate defense.

2. The lower court, based on its stated reasoning, determined that the Defendant’s act indicated in the facts charged constituted an act aimed at defending the current infringement of one’s legal interests, and constituting a considerable reason.

The judgment below

Examining the reasoning of the lower court compared with the evidence examined, the lower court’s aforementioned determination is justifiable, and it did not err by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion

3. The appeal by the prosecutor of the conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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