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(영문) 수원지방법원 2014.03.24 2013노4353
공갈미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant, on October 18, 2013, alleged a mistake of facts as to attempted attack against the victim E, obtained dynamic image from P, which is the flagist P, and asked the head of the competent police station through P to inquire about the facts, and then made the victim visit the victim on October 19, 2013 in order to confirm the facts. However, the above victim made a bad atmosphere of the victim's birth I during the coffee shop and talking with the Defendant through coffee shop, and made the victim visit the victim at around October 18, 2013. However, there was no fact that the Defendant reported it to the police. (2) The Defendant was informed of the fact that there was a prefabricated structure on the rooftop of the victim's building owned by the above victim, and the above victim did not have been aware that he had to use the above building free of charge and had the employee know that he had no interest in volunteer activities.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution in June, community service, 120 hours) is excessively unreasonable.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts and the evidence duly adopted and examined by the court below and the trial court, i.e., the victim E, J, and E, from the defendant referring to the defendant from the investigative agency to the court of the court below, the victim E, the victim J made a consistent statement on the important part that he received each money and valuables from the defendant referring to the defendant from the investigative agency to the court of the court of the court below, and the victim J received each money and valuables from the rooftop building by borrowing it, and ii) on the ground that "I assumes a game room in the site, and there is a false stimulation of the reporter, and there is a intimidation and a request for money."

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