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(영문) 서울고등법원 2016.04.14 2015노3442
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the criminal facts No. 1 as indicated in the judgment of the court below, the Defendant did not interfere with C’s singing practice.

B) Criminal facts No. 2 of the judgment of the court below

(b).

In relation to paragraph (1), the Defendant did not have threatened F for the purpose of retaliation, and there is no fact that he assaulted G around that time.

2) Criminal facts No. 2-2 of the judgment of the court below against the defendant who has not physically and mentally weak

(b).

At the time of the crime described in the paragraph, the ability to discern things or make decisions was weak due to drinking and stimulative disorder, etc.

3) The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. The lower court determined that there was no evidence to acknowledge the fact that the Defendant was out of F, based on the misunderstanding of the facts and the statement made by misunderstanding F in the investigation agency, etc. of F, the lower court erred by misapprehending the legal doctrine.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. 1) Defendant’s assertion of interference with C’s business affairs (Article 1 of the facts constituting the crime as indicated in the judgment of the court below) was asserted as the same as the grounds for appeal in this part of this part in the court below, and the court below rejected the Defendant’s assertion and its defense counsel’s decision in detail.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just and it is erroneous in the misapprehension of facts as alleged by the defendant, which affected the conclusion of the judgment.

subsection (b) of this section.

Therefore, this part of the defendant's argument is without merit.

2) Intimidation against F and assault against G (crime No. 2-1 of the lower judgment)

(b).

(1) According to the evidence duly admitted and examined by the court below, the defendant's crime No. 2-1 of the judgment below

(b).

Since the fact that each of the crimes described in paragraph (1) has been committed can be sufficiently recognized, the defendant's objection.

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