(영문) 대구지방법원 2019.06.21 2019노350 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2019.06.21 2019노350

특수협박등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the mistake of facts, although the defendant was in his hand when the victim's face and head are taken several times, there is no fact that the victim's head was taken several times due to plastic life, and there is no special intimidation by the defendant, and there is no fact that the defendant adopted the kitchen knife and threatened the victim.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the victim’s statement that conforms to the facts charged in the instant case is reliable. According to this, the Defendant may recognize the fact that the victim’s head was taken once the victim’s head due to plastic life and the kitchen and the facts that threatened the victim. In so doing, the lower court did not err by misapprehending the facts and adversely affecting the conclusion of the judgment

① The first accusation submitted by the victim stated that “the defendant was at the time of the victim’s head and face with his hand, was killed and threatened with the death of the victim and the defendant.” The victim stated that “the defendant continued to be dead of the victim’s head by means of the water-flowing knife” from the police to the prosecution, and the court of the court below, that “the defendant was at the time of the victim’s head and face by finding the victim’s house at the victim’s house, making the victim’s head and face several times, making the victim’s head and face possible due to knife knife, and threatening the victim by taking the head and face of the victim.” The victim’s statement about the main part of the criminal facts is consistent.

(2) In particular, the victim is investigated by the police two times, and is faced by the defendant's life or injury.

유사 판례

-광주지방법원 2021.03.16 2020노2170

-전주지방법원 남원지원 2014.09.02 2010고단336

-광주지방법원 목포지원 2013.05.31 2013고단616

-수원지방법원 2020.02.06 2019노5180

-대구지방법원 2019.01.11 2018고단1453