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(영문) 대구지방법원 2020.10.07 2020노333
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is smaller between the victim’s house, but the Defendant used a knife and threatened the victim, and did not damage TV.

Nevertheless, the judgment of the court below which found guilty of the facts charged of this case is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the lower court may recognize the fact that the Defendant, as recorded in the facts charged, threatened the victim with the kitchen knife, and affixed the kitchen knife with the kitchen knife.

Therefore, the judgment of the court below which found the defendant guilty is just, and there is no error of mistake of facts as alleged by the defendant.

① The victim stated in the police that “I want to send and take measures to send the female son on the day of the incident to school, and if I want to get 2.3 million won due to the Defendant’s unfolded loan of 2.3 million won due to the Defendant’s opening of the door and opening of the door,” the Defendant expressed that “I would like to bring about a threat that I had a kitchen with the kitchen in the kitchen with the kitchen in the kitchen with the kitchen in the kitchen, and then I would like to bring about a threat that I would bring about and bring about money with the kitchen in the kitchen with the kitchen in the kitchen. ATV monitor was marked, and I am going beyond the back, such as an air condition, an electric scept, a water purifier, etc.”

(17 pages) The victim made a statement to the same effect as the statement at the police, even when he is subject to a cross-examination by the prosecution against the defendant.

(2) According to the on-site photographs taken by police officers dispatched to the site immediately after the victim's report, the victim's statement is consistent with the victim's statement. (2) According to the victim's report, the number of households, such as TV, exceeds the number of households (investigative records 4,45 pages).

③ The Defendant found the Victim’s house at the investigative agency, so the Defendant was under the influence of alcohol, and the Defendant saw the Victim’s knife with TV.

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