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(영문) 서울중앙지방법원 2014.05.01 2014노696
협박
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not threaten the victim, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. In light of the Defendant’s economic situation of unreasonable sentencing, etc., the lower court’s punishment (fine 2,000,000) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant's assertion of mistake of facts is without merit, since the defendant threatened the victim as stated in the facts of the judgment below.

B. In full view of the following factors: (a) the Defendant’s criminal power due to an act of violence has several times; (b) the Defendant did not agree with the victim; (c) the Defendant was at the same time before and after the judgment of the lower court became final and conclusive; and (d) the Defendant’s age, character and conduct, environment, relationship with the victim; (b) the details and result of the instant crime; and (c) the circumstances of the Defendant’s assertion, such as the circumstances after the crime, are considered, the lower court’s punishment is too unreasonable even

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition.

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