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(영문) 제주지방법원 2021.01.14 2020노809
특수협박등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

1. The sentence imposed by the lower court (three years of imprisonment, confiscation) on the summary of the reasons for appeal is too unreasonable.

2. The crime of special intimidation and destruction of special property of this case, which is judged on the grounds of appeal, appears to have been committed by the defendant with a knife, which is a dangerous object at the victim D and the victim D, and in the process, it was destroyed by the above knife, the victim F, and the crime method is very dangerous to commit the crime. The crime of obstructing the execution of special duties of this case is not likely to obstruct police officers from performing their duties in light of the method of the crime, etc., even if the defendant had been punished several times of violence, and even if the defendant had been punished several times of violence, the defendant's liability for the crime is heavy in view of the fact that the crime was committed.

However, in full view of the facts that the defendant's mistake is recognized by the defendant, that the defendant does not want the punishment against the defendant by mutual consent with the victim D and F, that the defendant did not actively display the above food group or commit an attack against the police officers, and other all the sentencing conditions of the defendant in this case, including the defendant's age, sexual behavior, environment, family relationship, motive and attitude of the crime, circumstances after the crime, etc., the punishment of the defendant is too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【The reasons for the judgment in question 【The facts constituting the crime and the summary of the evidence recognized by the court - the summary of the facts constituting the crime and the evidence - the summary of the evidence - 25 cm " 21 cm" of the judgment below - 5 of the court below - " 21 cm."

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