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(영문) 광주지방법원 2020.03.25 2019노3226
사기등
Text

All appeals by the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (the second judgment of the court below) does not contain any intimidation against the victim.

B. Each sentence of the lower court’s unfair sentencing (the first instance court’s imprisonment: 8 months; the second instance court’s fine of KRW 1 million) is too unreasonable.

2. The Court decided to jointly examine the appeal cases of the first instance court that sentenced the Defendant to imprisonment with prison labor and the second instance court that sentenced the Defendant. If each sentence of the court below is different from the imprisonment with prison labor and the fine, the arguments were combined in the appellate court.

Even though the appellate court can maintain each sentence sentenced by the court below, it does not necessarily require a sentence of the same kind.

Therefore, this court did not reverse the judgment of the court below ex officio on the ground of a consolidated hearing and separately determines the judgment below as follows.

3. Determination on the grounds for appeal

A. The following facts found based on evidence duly adopted and investigated by the lower court: (i) the Defendant was investigated as the date of assaulting the victim on October 28, 2014; (ii) the Defendant was threatened by the Defendant on November 12, 2014; and (iii) the Defendant threatened the victim on November 13, 2014, which was long from October 28, 2014; (iv) the Defendant was punished for committing the crime of assaulting the victim on October 28, 2014 (Seoul District Court Decision 2015No959), and (ii) the victim stated to the effect that the victim was threatened by the Defendant on November 13, 2014, together with AD and his will; and (v) the victim’s statement to the same effect was made by the Defendant on October 13, 2014, and the Defendant stated to the same effect on March 14, 2011 as the victim’s rest.

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