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(영문) 대구지방법원 2019.08.09 2019노2196
특수협박
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts only shows the knife of the victim, and there was no speech or behavior that seems to inflict an injury on the victim. Nevertheless, the court below erred in misunderstanding of facts by misapprehending the legal principles on the criminal facts that “the Defendant, as if he was a knife with a knife knife, let out the victim knife, let the victim knife the left hand, and let the victim knife with a knife with a knife.”

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. Whether to mistake the facts or not, in full view of the evidence duly adopted by the court below, such as the following facts: ① the victim’s statement that “the defendant is waiting before his house, knife his knife his knife with him,” and “the defendant has knife his knife with him,” and that “the defendant has knife his knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the victim.”

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

B. We examine both the Defendant and the prosecutor’s assertion of unreasonable sentencing.

The defendant has already been sentenced to punishment for special intimidation only once, the other criminal records include four times of imprisonment, and each criminal defendant committed the crime of this case during the period of a repeated crime due to special intimidation. In particular, he/she completed the term of punishment due to the violation of the Road Traffic Act.

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