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(영문) 부산고등법원 2018.12.19 2018노465
공갈등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which acquitted the Defendant of this part of the facts charged, is erroneous in the misapprehension of the legal principles, even though the Defendant committed the human trafficking crime due to F’s statement, etc.

B. Improper sentence of the lower court (ten months of imprisonment and two years of suspended sentence) is deemed unreasonable.

2. The lower court determined as to the assertion of mistake of fact, based on the legal principles and circumstances as indicated in its reasoning, it is difficult to believe that the F’s statement consistent with the facts charged is not true, and the remaining evidence presented by the prosecutor alone, which the Defendant received KRW 400,00 from F and traded the victim to F.

The lower court acquitted the Defendant on this part of the charges on the grounds that there is insufficient evidence to acknowledge it, and that there is no other evidence to acknowledge it.

The judgment below

Examining the reasoning of the lower judgment in comparison with the evidence duly admitted and examined by the lower court, the lower court’s aforementioned determination is just and acceptable. In so determining, it did not err by misapprehending the legal principles as to the

subsection (b) of this section.

The prosecutor's assertion is without merit.

3. The Defendant, for a considerable period of time, abused the victim with intellectual disability 3, thereby allowing the victim to singing out and singing out. Around 29 million won, the victim was punished.

In light of the details and methods of crimes, and the fact that crimes are committed against victims with intellectual disabilities, the nature of crimes is not good.

The Defendant did not pay any damage to the victim, and did not receive any accusation from the victim.

However, the defendant recognizes the crime of this case as a substitute, and reflects his mistake.

The amount of the defendant's regressive from the injured party is relatively little.

Defendant

Also, as the disabled in the second degree of intellectual disability, the subject of protection is also the aspect of the subject of protection.

The defendant is an initial criminal who has no record of criminal punishment.

These circumstances include the situation.

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