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(영문) 청주지방법원 2018.01.26 2017노658
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds of appeal - Special intimidation - Defendant putting a kitchen at the time of the instant case along with a kitchen knife at the time of the instant case, and then placing it on a tree.

However, the defendant has been living together with the victim, and the kitchen is not going against the victim.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

2. The summary of this part of the facts charged which the court below found guilty is as follows.

On September 20, 2016, at around 16:44, the Defendant discovered that the victim D kids in a dry field and lost the victim's land ownership lawsuit with the victim's house. However, the Defendant expressed the following attitude: (a) the victim d kids the kitchen with a kitchen, which is a dangerous thing in the Defendant's house (not less than 32 cm in total length, not less than 20 cm in length) with a kitchen, which is a kitchen (not less than 32 cm in total length, and not less than 20 cm in length) with a kitchen, which is a dangerous thing in the Defendant's house; and (b) the Defendant d wre the kitchen with the victim's house, she took the kitchen, and she had the same attitude toward the victim; and (c) she had the kitchen kn's house installed on the ground.

Accordingly, the defendant carried dangerous objects and threatened the victim.

3. In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the court below, the defendant was found to have taken the kitchen gate toward the victim, and threatened the victim by sticking the kitchen gate away from the ground.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is just, and there is an error of law that affected the conclusion of the judgment by misunderstanding facts as alleged by the defendant

subsection (b) of this section.

A. The victim has a knife by entering the house when the defendant took a bath to the victim in the court of original instance.

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