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(영문) 수원지방법원 2020.10.30 2020노4160
특수협박등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding [Special Intimidation] The Defendant only harming the victim by using excessive kitchens at the time, but did not threaten the victim with the kitchen knife.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged erred by misapprehending the facts.

B. The Defendant asserts that the lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable, and the prosecutor is too uneasible and unfair.

2. Determination

A. As to the assertion of mistake of fact, the Defendant argued to the same effect as the Defendant did at the trial of the lower court.

As to this, the court below rejected the Defendant’s assertion, and found the Defendant guilty of this part of the charges by admitting the fact that the kitchen knife was threatened with the victim’s left side side and did self-injury, by taking into account the circumstances as indicated in its reasoning, which are revealed through the evidence duly adopted and examined.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and the judgment below did not err by misapprehending the facts as alleged above by the defendant.

B. In full view of the arguments in the instant case and the reasons for sentencing indicated in the records, such as the Defendant’s age, character, environment, and social relationship, etc., the lower court’s punishment appears to be unreasonable, on the grounds that the Defendant’s assertion of unfair sentencing is reasonable, and the Prosecutor’s assertion on this issue is without merit.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is delivered after pleading

As long as the judgment of the court below is accepted and reversed, it is separately ordered.

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