특정범죄가중처벌등에관한법률위반(보복협박등)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant did not commit a crime as stated in 2 to 4, 6, 7, or 9 of the facts stated in the judgment below.
B. At the time of committing the instant crime, the Defendant was physically and mentally weak due to mental illness.
(c)
The punishment of the court below (one year and six months of imprisonment) which is unfair in sentencing is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the Defendant also argued to the same effect as the grounds for appeal in this part, and the lower court, on the grounds of the circumstances described in detail under the title of “judgment on the Defendant and his defense counsel’s assertion”, the lower court found the Defendant to sufficiently recognize the Defendant’s business by force as described in the judgment of the lower court, as follows: (i) the knife, which is a dangerous object as described in the original judgment, was threatened with the victim F; (ii) intimidation the victim I for retaliation as described in the criminal facts in the original judgment; (iii) intimidationd the victim D, C, and I as described in the original judgment; (iv) the beer’s disease, which is a dangerous object as described in the first instance judgment; and (v) the beer’s face flad with the victim I’s face; and (v) the fact that the Defendant interfered with the victim’s face by force as described in the judgment of the lower court in the judgment of the lower court.
Accordingly, the defendant's above assertion was rejected.
Examining the above judgment of the court below in light of the evidence duly adopted and examined by the court below, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant.
It cannot be said that X, a witness of the special injury crime in the judgment of the court below, cannot be said to be the victim I face after the defendant gets off from the investigative agency and the court of the trial in relation to the specific method of crime of the defendant.