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(영문) 인천지방법원 2014.11.21 2014노2897
공갈등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (three years of imprisonment, 40 hours of completion of a sexual assault treatment program, and confiscation) is too unreasonable.

B. Defendant B’s misunderstanding of facts does not mean that the victim was detained, there is no fact that the victim was imprisoned with cell phones and disability pension, and there is no conspiracy between the victim and L to make a false report of marriage. 2) The lower court’s sentence of unfair sentencing (two years of imprisonment and 40 hours of order of sexual assault treatment program) is too unreasonable.

2. Judgment on Defendant B’s assertion of mistake of facts

A. The lower court found the Defendant guilty of this part of the facts charged by comprehensively taking account of the evidence in its judgment.

B. The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below's judgment: ① although the victim is a disabled person of Grade II with intellectual disability but from the investigation agency to the court below's court, the victim has consistently stated the circumstance that the victim detained the victim as stated in the facts charged, and caused him to make a false report as if he was married with L, and thus, the statement can be sufficiently reliable; ② Defendant A and J also stated in the court below that Defendant B made a statement alternatively consistent with the victim as to the circumstances leading up to each of the above crimes; ② Defendant A and J also stated in the court below's trial that the victim committed the above crimes; ③ M working in the "IMoel" in the court below's court where the victim was detained, asked the victim whether the victim is open to the victim or not, and whether it is a mental body, and the victim already stated that he had no parent at the time of the judgment of the court below."

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