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(영문) 창원지방법원 2016.11.03 2016노1960
공갈등
Text

The judgment below

Part 1, 3, 4, 6, 7, and 8 of the judgment shall be reversed.

As to each of the above crimes committed by the defendant in the original judgment.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit each crime recorded in the facts charged.

B. The sentence of the judgment of the court below on unreasonable sentencing (the part on the second and fifth crimes: imprisonment with prison labor for April, and the part on the first, third, fourth, six, seven, and eight crimes: imprisonment with prison labor for two years) is too unreasonable.

2. In full view of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant's assertion of mistake of facts is without merit since the defendant can sufficiently be recognized the facts of committing each crime specified in the facts charged in this case in light of the existence of statements by the victims and witnesses, the relationship between the defendant and the victims, and the circumstances at the time of the crime.

3. We examine the argument of unfair sentencing, the defendant's history of punishment for the same kind of crime is several times, the crime of interference with business, and the crime of interference with business, and the crime of obstruction of performance of official duties without being detained after being sentenced to 10 months of imprisonment, and immediately after being released from the court, each crime of the crimes of Articles 1, 3, 4, 6, 7, and 8 as indicated in the judgment from the date of release. The majority of victims are victims, and the victims are not deemed to be less and less than victims are victims, and most victims are continuing to commit a similar crime, and most victims are strongly wanting to punish the defendant, and they committed a crime of obstruction of official duties without being detained.

However, in the closed city village, the fact that the defendant who is not mentally healthy is a crime that has experienced conflict with the village residents and has committed contingent crimes, the treatment of alcohol dependence is being performed, the equity in the case of the crime of the crime of the crime of the crime of the crime of the general goods and the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the 4th of the judgment in the first instance is a favorable sentencing reason that the victim does not want the punishment of the defendant

The above sentencing grounds are the accused.

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