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(영문) 서울남부지방법원 2013.12.12 2013노1522
협박
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. In fact, the Defendant, who did not settle the land price issue before 20 years, only stated that “I want to write down the land price issue in a knife knife, not only the gue law, but also the knife. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f. f.)”

B. The judgment of the court below on unreasonable sentencing (the fine of 300,000 won) is too unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the lower court regarding a mistake of facts, in particular, according to the investigation report (such as submission of a written complaint, 65 pages, 66 pages of the evidence record), the Defendant’s assertion of mistake of facts is sufficiently recognized by making the victim E “a kniff will die if there is a knife. knife” on July 31, 2012, the Defendant’s statement that D and F will die within the Cart parking lot around 19:00.

B. The lower court’s judgment on the assertion of unfair sentencing is already sentenced to a fine on the amount reduced than the claim amount for a summary order, taking into account the circumstances where the Defendant is a basic livelihood recipient and has a cerebral disability; the Defendant strongly denied the crime and did not seriously reflect the mistake although it is apparent that the Defendant committed the instant crime; and the Defendant appears to be bullying by sending text messages, etc. to the victim several times other than the instant case; and the Defendant’s various sentencing conditions indicated in the instant argument, such as the method of and background leading to the instant crime, and circumstances after the instant crime, are considered to be unreasonable. Therefore, the Defendant’s assertion of unfair sentencing is without merit.

3. The defendant's appeal is without merit, and Article 364 of the Criminal Procedure Act is not reasonable.

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