logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.02.06 2014노1748
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the absence of the fact that the Defendant made the victim C a speech that knife knife is knife, the lower court recognized that the Defendant made the above speech.

B. The sentence of the lower court’s sentencing is too heavy (eight months of imprisonment).

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mistake of facts, the victim C has consistently made a specific and consistent statement with the following purport: “A victim C is an investigative agency for delivery of the required arsene, and the Defendant has requested the required arsene under the influence of alcohol on his/her own and arsene. He/she has not given the Defendant a notice of the demand arsene, but the Defendant has died with knife without his/her own request and made a nife and arsene.” (Evidence record 54, 132 pages). There is no circumstance to suspect that the said victim made a false statement.

Therefore, the defendant's above assertion is not accepted.

B. There are extenuating circumstances for Defendant to consider the allegation of unfair sentencing, such as the fact-finding that the Defendant recognizes the fact-finding instead and reflects the fact, the fact that only the fine was imposed, and the alcohol addiction was experienced.

However, in full view of the fact that there is no agreement with the victims or no compensation for damages, the defendant has the same kind of power as that of the defendant several times, there is no change of circumstances to be particularly considered in the trial, and other factors of sentencing as shown in the argument of the case, the sentence of the court below against the defendant is appropriate.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

arrow