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(영문) 수원지방법원 2017.07.21 2017노577

특수협박등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s damage to special property and special intimidation among the facts charged in the instant case, there was no fact that the Defendant intimidations the victim or damaged the victim’s property.

2) The sentence of the lower court (one year of imprisonment, two years of suspended execution) which is unfair in sentencing is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The lower court acknowledged the Defendant’s assertion of misunderstanding of facts based on the evidence duly admitted and investigated by the lower court, i.e., ① the victim and witness G appeared as a witness at the court of the lower court and made a detailed and detailed statement on the background of the instant crime, and the situation before and after the instant crime. Such statements made by the victim and witness are consistent with each other, and are deemed to be reliable as the content of the current

It appears that G is especially disadvantageous to the defendant, 2. A witness G is especially disadvantageous to the defendant, unlike facts.

In light of the fact that there is no particular objective circumstance to see, 3. In light of the fact that the windows taken immediately immediately after the instant case were installed with a security window, etc. in some glass windows, etc., it cannot be seen that the windows cannot be seen as being passed off as alleged by the Defendant, etc., the Defendant may sufficiently recognize the fact that the Defendant threatened the victim or damaged the victim’s property as described in the judgment of the lower court.

Therefore, the court below's conviction of this part of the facts charged is just, and there is an error of law by misunderstanding facts and affecting the judgment.

Therefore, the defendant's assertion of mistake is without merit.

B. The fact that the defendant's judgment on the unfair argument of sentencing by the defendant and the prosecutor recognizes part of his own crime and reflects it, aged people, and the defendant's consciousness want to have the defendant's preference.