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(영문) 광주고등법원 2015.05.21 2014노468
폭행등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Error 1) The Defendant did not commit intimidation or rape as stated in the facts constituting a crime under Articles 2, 3, and 4 of the judgment of the court below, nor committed a diversal typology of head in need of treatment for about two weeks. Therefore, the court below found the Defendant guilty of the facts charged as to the above three (Ga) parts, which erred by misunderstanding the facts, thereby affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment, and four years of suspended execution) is too unreasonable.

2. Determination:

A. The judgment of the court below is based on the part of the court below's statement that "the defendant has expressed an desire to do so to the victim" at the court of the court below, the statement made by the victim at the court of the court below, the suspect interrogation protocol prepared by the prosecutor that the defendant brought the victim's cell phone, etc. at the time and place of crime and returned again. The defendant's house (hereinafter "the house of the victim") located in the victim's house (hereinafter "the victim's house") in Gwangju Mine-gu 18:00, 704 301, 200, 2013, I would like to see that "the defendant would not have any harm and injury to the victim's private life. It would be difficult to see that the defendant will not have any harm and injury to the victim's private life in the future."

The Court determined that the case was.

Furthermore, the lower court means notifying the other party of the threat of the crime of intimidation that it would cause harm and injury to the extent that it would cause fear.

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