특정범죄가중처벌등에관한법률위반(보복협박등)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. First, it is unreasonable for the court below to find the defendant guilty of the facts charged of the conflict of this case since the defendant borrowed money from the victims rather than threatening the victims.
Second, the defendant received money by threatening victims.
Even if the amount is not a total of 300,000 won, but a total of 250,000 won, among the facts charged of the conflict of this case. B. The crimes described in paragraph (b) are committed.
Although the crime described in paragraph (1) is the same, the court below erred in finding each guilty of the crimes.
Third, since the defendant did not threaten the victim FF for the purpose of retaliation, it is unreasonable for the court below to find the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes of this case.
B. The punishment sentenced by the lower court (one year and two months of imprisonment) is too unreasonable.
2. Determination
A. 1) As to the assertion of mistake of facts, first, the Defendant had already asserted that there was a mistake of facts in the lower court on the third argument, and the lower court rendered a judgment that rejected the assertion of mistake of facts under the title “judgment on each of the Defendant and the defense counsel” in the said judgment.
Examining the above judgment of the court below in comparison with the records of this case, the above judgment of the court below is just and acceptable, and the defendant's allegation that this part of the judgment of the court below is erroneous.
2) Comprehensively taking account of the evidence duly admitted and examined by the lower court as to the second argument, the Defendant committed the crime described in Paragraph B of this case among the facts charged.
Since it can be sufficiently recognized that the defendant committed the crimes described in paragraph (1), this part of the defendant's assertion of mistake is without merit.
B. As to the wrongful assertion of sentencing, each of the crimes of this case is not good, and the Defendant has a past record of criminal punishment more than ten times, and is sentenced to imprisonment on April 10, 2015.