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(영문) 대전지방법원 2020.09.10 2020노1988

특수협박등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) misunderstanding of facts as to the special intimidation does not have any intimidation of victims as stated in the judgment of the court below, and the judgment of the court below which found Defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts, which affected the conclusion

(2) Since the Defendant, at the time of the misunderstanding of the legal principles as to mental disorder, did not have the ability to discern things or make decisions under the influence of alcohol, the judgment of the court below which did not reduce mental disorder is erroneous by misapprehending the legal principles as to mental disorder,

(3) The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (two months of imprisonment, confiscation) is too unreasonable.

B. Prosecutor: The sentence imposed by the court below on unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the lower court rejected the Defendant’s assertion in detail by stating the Defendant’s assertion and its judgment in detail. In line with the records and records, the lower court’s judgment is just and acceptable, and there is no error of law by misunderstanding facts or misunderstanding of legal principles as to mental or physical disorder, which affected the conclusion of the judgment.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court on the assertion of unfair sentencing by the defendant and prosecutor, and where the first instance court sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect

As stated in the reasoning of the sentencing, the lower court has determined the sentence in consideration of the favorable circumstances and unfavorable circumstances for the Defendant, and there is no change in the sentencing conditions of the lower court as the materials for new sentencing have not been submitted at the appellate court, and there is no change in the Defendant’s age, character and conduct, environment, family relationship, circumstances and result of the crime, etc., which are shown in the pleadings.