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(영문) 서울고등법원 2016.07.01 2016노884
상습협박등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Of the facts charged in the instant case.

Reasons

The lower court rendered a judgment of conviction against the Defendant regarding habitual intimidation, preparation for murder, and insult against the victim J among the facts charged in the instant case, and dismissed the public prosecution against the victim C, and dismissed all the prosecutor’s request for attachment order and for the request for surveillance order.

Since only the defendant appealed against this, there is no benefit in appeal regarding the dismissed part of the judgment below and the claim for attachment order and protective observation order.

Therefore, the dismissal part of the judgment of the court below is separated and confirmed as it is, and the part of the case of the request for attachment order and the request for the protective observation order is excluded from the object of the trial of this court, notwithstanding Articles 9(8) and 21-8 of the Act on the Protection of Specific Criminal Offenders and the Electronic Monitoring, Etc.

Accordingly, the scope of this court's judgment shall be limited to the conviction of the judgment below.

The defendant, who is guilty of the summary of the grounds for appeal (the preparation for murder), merely puts the victim C with the kicker who intends to do so, and did not have the intention to kill the victim.

Nevertheless, the court below erred by misunderstanding the fact that the court below found the defendant guilty of murder preparation, which affected the conclusion of the judgment.

The sentencing (one year of imprisonment) of the lower court is too unreasonable.

On August 21, 2015, the summary of this part of the facts charged is that the Defendant died of the victim’s cell phone using the Defendant’s cell phone (E) around August 21, 2015.

Despite the repeated sending of the text message “,” the victim did not answer any question, and the victim did so so so so, and put his hand in the shopping bags with the mind of killing the victim, and found it as an apartment in the Nam-gu Incheon Metropolitan City G where the victim resides, Nam-gu.

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