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(영문) 대구지방법원 2015.05.22 2015노537

공갈등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant of mistake of facts does not receive 10,000 won in cash from the victim I, but does not have frighten and fright, and there is no way to obstruct the restaurant and bar business operated by the victims, such as the entries in the decision of the court below.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. When the Defendant had found the restaurant and the main store operated by the victims, the lower court had been under the influence of alcohol, and even though the Defendant had been in a state of mental disorder or mental disorder, the lower court erred and incompletely.

C. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the court below's duly adopted and investigated evidence, i.e., (i) each statement made to the investigating agency of the victims who correspond to the facts charged of this case at the time of the crime, (ii) the victims reported the defendant immediately after the crime of this case, (iii) the Defendant was arrested as a flagrant offender, such as obstruction of duties, etc. by the police officer dispatched, and (iv) the Defendant led all of the crimes of this case in the court below, the facts that the Defendant interfered with the restaurant and bar business operated by the victims and that 10,000 won in cash by threatening the victim I can be sufficiently recognized. Thus, the court below did not err by misapprehending the facts pointed out by the Defendant, which affected the conclusion of the judgment.

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

B. According to the records of this case as to the assertion of mental disorder, the defendant drinks to a certain extent at the time of each of the crimes in this case.