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(영문) 부산지방법원 2019.06.21 2018노4206

협박등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to intimidation 1), there is no fact that the Defendant made the victim's high self-confiscing and unfiscing the window of driver's seat by drinking. 2) As to the assault, the Defendant did not have assaulted the victim by taking his arms on several occasions.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., CCTV images: (a) the front of the vehicle on which the victim was on board as the Defendant’s vehicle at the time and time indicated in the facts charged, and (b) the window of the above vehicle appears to have been repeatedly displayed while walking about about about 16 minutes in the vicinity of the victim’s vehicle; (c) the police officers arrive at the scene and interfered with the Defendant’s defect that the victim attempted to leave the scene with the police officers and obstructed the Defendant, and (d) the victim made a consistent statement corresponding to the facts charged from the investigative agency to the court of the court of the court below; and (b) the victim made a statement with the same purport as the police officers dispatched as the victim’s report.

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

B. The lower court sentenced a fine of KRW 1 million to the Defendant, taking into account the unfavorable circumstances and favorable circumstances.

In full view of all the circumstances that serve as the condition for sentencing in this court, no such circumstance exists as it is deemed that the judgment of the court below exceeded the reasonable scope of its discretion, or that it is unreasonable to maintain the judgment of the court below as it is.

The age, environment, and crime of the defendant.