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(영문) 서울서부지방법원 2018.05.03 2017노1553
특수협박
Text

The defendant's appeal is dismissed.

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

Reasons

1. The defendant of the grounds for appeal shall take the knives knife of a mixed person who gets knife in the middle of going on another direction with the victim after finishing his/her horse or dispute with the victim;

The judgment of the court below which found the defendant guilty of a special intimidation is erroneous by misunderstanding the facts, which affected the conclusion of the judgment, and even if the conviction is recognized, it is improper that the court below's punishment (3 million won) against the defendant is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below as to the assertion of mistake of fact, in particular, the victim’s specific and consistent statement, the black stuff images with the scene of the crime, and the caps photographs, etc., the Defendant taken the knife knife from the right knife in the middle of the punishment of the victim as indicated in the facts charged.

It is sufficiently recognized that blades and intimidations victims have been made.

B. It is advantageous to the fact that the defendant has no record of punishment for the same offense. However, it is not good that the crime of this case was committed by carrying with himself a stacker, a dangerous object, and threatening the victim. The defendant denies the crime up to the trial and did not reflect the wrongness, and the defendant did not agree with the victim until now.

Considering the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., as well as the aforementioned circumstances, various sentencing conditions indicated in the instant records and arguments, the lower court’s sentencing cannot be deemed unfair to have exceeded the reasonable bounds of discretion or to maintain them as they are.

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

3. Thus, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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