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(영문) 수원지방법원 2016.11.24 2016노4923
특수협박등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and four months.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal by the defendant and his defense counsel

A. There was no misconception of facts (the part concerning special intimidation, violation of the Punishment of Violences, etc. Act, and indecent act by compulsion) in the judgment of the court of first instance that the defendant puts the victim P with a knife and threatened the victim P with a knife.

The defendant was cleaning at the time of her saw in a beer knife, but did not carry dangerous objects that could be used for crime without good cause.

The defendant, who clicked the victim U's knives and down the stairs, was used in collecting the knives in the process of leaving the knives of the defendant's knives after the victim U, and the knives used in collecting the knives in the process of leaving the knives of the defendant's knives, and there was no fact that the defendant

When the victim X was towed by the defendant while the victim X was called the defendant in the W basin, the victim X was placed in the main machine of the defendant, and there was no fact that the defendant threatened the victim X in the above knife.

The defendant only saw the victim AC as a bad snow so that the victim AC can play a bath with a big rain, and there is no fact that the victim's breast part was pushed off by hand or shoulder.

B. Although the Defendant was in a state of mental disorder or mental disability due to mental disorder such as mental division at the time of each of the instant crimes, the lower court erred by misapprehending the judgment.

C. In light of the fact that the Defendant recognized a mistake as to a part of the crime of unfair sentencing and against it, and that some of the thiefs and credit cards and cash temporarily returned to the victim D and the Defendant’s corporate bank cards owned by the victim B, which are the damaged goods of the thiefs embezzlement, were destroyed, etc., each sentence of imprisonment with prison labor and one year and six months (the first judgment) and ten months (the second judgment) is too unreasonable.

2. Determination

A. We examine the grounds for appeal for ex officio determination.

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