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(영문) 제주지방법원 2020.02.06 2019노1074
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no misconception of facts and misapprehension of legal principles that the Defendant had threatened the victim as stated in the facts charged, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the Defendant’s partial statement, witness D, and E’s legal statement on the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant citing excessive attitude of the dangerous object as stated in the facts charged by the victim as putting the victim at risk and threatening the victim by notifying the harm and injury.

Therefore, the defendant's assertion of mistake and misapprehension of legal principles is without merit.

[Along with the fact that the defendant saw a knife and knife a knife is recognized, the defendant saw a knife in order to drive away the knife which intrudes on his house, and that there was no threat against the victim. However, if the defendant saw that the knife is flad.h. and knife the knife would not be flad.h., and accessed the victim, it is reasonable to view that the knife had reached the threat of harm and injury to the victim.]

Comprehensively taking account of the various circumstances, which are the conditions for sentencing as indicated in the instant case’s argument of unfair sentencing, the Defendant’s assertion on this part is without merit, as the sentence imposed by the lower court is too unreasonable.

3. Conclusion, the defendant's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.

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