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(영문) 광주고등법원 (전주) 2020.05.08 2019노196

상습협박

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant acted as a part of organized violence, the defendant committed verbal abuse, assault, and intimidation against the victims over five years, etc., the court below found the defendant guilty of the crime of intimidation in this part of the charges of habitual intimidation even though habituality of intimidation is recognized, the court below erred by misunderstanding the facts or misunderstanding the legal principles. 2) The court below's sentence of unfair sentencing (one year and six months of imprisonment, and three years of suspended execution) of the judgment of the court below is too unreasonable.

B. The lower court’s punishment is too unreasonable.

2. Determination

A. Examining the evidence duly adopted and investigated by the court below regarding the prosecutor's assertion of mistake of facts and misapprehension of legal principles and the reasoning of the judgment below, the court below is just in holding that the defendant's crime of intimidation of this case cannot be confirmed without any reasonable doubt that the crime of intimidation of this case was caused by the realization of the defendant's inherent crime of intimidation in light of the circumstances as stated in its holding (the crime of intimidation of this case is only one time, the degree of intimidation is difficult to be deemed severe, and the defendant has no record of criminal punishment prior to the crime of this case) and the judgment of the court below is not guilty, and there is no error that affected the conclusion of the judgment by misconception of facts as argued by the prosecutor.

Therefore, prosecutor's argument of mistake and misunderstanding of legal principles is without merit.

B. The Defendant’s judgment on the assertion of unreasonable sentencing by the prosecutor and the Defendant recognized and opposed to his criminal act.

Defendant agreed with victims.

These points are favorable to the defendant.

On the other hand, the crime of this case is several days in relation to the violence of the defendant as the violence assistant.