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(영문) 광주지방법원 2017.09.20 2017노2641
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, by threat of force, did not interfere with the business activities of the victim H, and did not commit assault against the victim J, K, L, andO, the lower court convicted all of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine.

2) The lower court’s improper sentencing is too unreasonable.

B. In full view of the evidence submitted by the prosecutor 1) misunderstanding the facts and misunderstanding the legal principles, the court below acquitted the defendant on this part of the facts charged, although the defendant could sufficiently recognize the fact that he received the property by threatening the victim K, which is erroneous in the misunderstanding of facts and in the misunderstanding of legal principles.

2) Improper sentencing of the lower court is deemed unreasonable.

2. Determination

A. The judgment of the court below as to the defendant's assertion of mistake of facts was duly adopted and examined as a whole, namely, the following circumstances: ① The victim H was found to have no satisfy from the investigative agency to the court of the court of the court below until October 10, 2016, and the defendant was satisfying with 19:00, and he was satisfying him, and he was satisfying before and around the packing 19:0; ② The victim H also stated in a specific and consistent manner to the effect that he interfered with the business by affixing a photograph affixed to the SNS on October 11 of the same year, and ② from the victim J and Kindo investigative agency to the court of the court below to the court of the court below to the effect that the defendant expressed his desire to commit violence against the victims in the above manner of violence, etc. from the victim's time and place in the facts charged to the victim's satisfy.

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