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(영문) 수원지방법원 2018.04.13 2017노8420
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal 1) Fact misunderstanding and legal doctrine misunderstanding the Defendant merely fighting the victim with the husband and wife, and there was no threat by notifying the victim of harm and injury.

2) The sentence of the lower court’s unfair sentencing (eight months of imprisonment, two years of suspended sentence, and 80 hours of community service) is too unreasonable.

2. 1) In the crime of intimidation against mistake of facts and misapprehension of the legal doctrine, intimidation means the threat of harm to the extent that it would normally cause fears to the public.

The issue of whether or not there was a threat or intimidation should be determined by comprehensively taking into account not only the external appearance of the act, but also the background leading to such act and the relationship with the victim, etc. (see Supreme Court Decision 90Do2102, May 10, 1991). Comprehensively taking into account the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the fact that the Defendant, while carrying dangerous objects on May 19, 2017 and did not respond to the request of the victim, was threatening the victim, and the Defendant, carrying dangerous objects on May 29, 2017, sufficiently recognizes the fact that the victim threatened the victim with any harm and injury to the body of the victim.

① On May 19, 2017, the Defendant found the victim’s beauty room operated by the victim on the ground that he/she did not contact, and brought excessive damages to the victim’s children (at that time, 10 years of age).

The defendant, if he does not compromise with the victim, will throw away the blades.

Around May 29, 2017, the victim tried to get the victim into another vehicle by raising the victim's words and forced him/her to return to the latter to avoid the defendant (Evidence 5-6 side of evidence record). (2) Around May 29, 2017, the defendant was able to commit suicide while he/she died of all his/her father and her mother without his/her death.

“.....”

Therefore, this part of the defendant's argument is without merit.

(ii)..

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