(영문) 대구지방법원 2018.11.02 2018노2890 | 리걸엔진

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(영문) 대구지방법원 2018.11.02 2018노2890

폭력행위등처벌에관한법률위반(공동협박)등

Text

1. The part of the judgment of the court below regarding Defendant B shall be reversed.

2. Defendant B: each of the judgment below.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and C1) misunderstanding the facts and legal principles, Defendant A and C did not jointly threaten the victim, and Defendant A did not assault the victim.

Nevertheless, the judgment of the court below which found guilty of this part of the facts charged is erroneous in the misunderstanding of facts and legal principles.

2) The punishment sentenced by the lower court to the Defendants (Defendant A: 10 months of imprisonment, 2 years of probation, 160 hours of community service order, additional collection, Defendant C: 6 months of imprisonment and 2 years of suspended execution) are too unreasonable.

B. B The court below's sentence (one year of imprisonment for each fraud against the victim E, F, and G) imposed on the defendant is too unreasonable.

(c)

In full view of the evidence submitted by the prosecutor by misunderstanding the facts and misunderstanding of the legal principles, it is recognized that Defendant A assaults the victim as stated in the facts charged and caused the victim to engage in sexual traffic B and B.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in the misunderstanding of facts and legal principles.

2) The sentence that the lower court committed against Defendant A is too unhued and unfair.

2. Determination

A. According to the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, Defendant A and C’s misunderstanding of the facts and misapprehension of the legal doctrine, and the fact that Defendant A and C assaulted the victim as stated in the facts charged and threatened the victim as described in the facts charged is sufficiently recognized.

Therefore, the court below's finding the defendant guilty of the facts charged is just, and there is an error of law by misunderstanding facts and misunderstanding of legal principles.

subsection (b) of this section.

Therefore, this part of the Defendants’ assertion is without merit.

(1) The victim shall pay in lieu of his own advance payment at the court of the original instance.

유사 판례

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-창원지방법원 2018.09.12 2018노1524

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