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(영문) 부산고등법원 2016.04.20 2016노98
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not have committed a crime other than the crime of insult and violation of the Punishment of Minor Offenses Act, the lower court found the Defendant guilty of all the charges of this case by misunderstanding the facts.

B. The sentence of the court below's unfair sentencing (the imprisonment of 3 months for the crime No. 2 of the decision of the court below, No. 1, 2-b, 3 through 9 of the decision of the court below, and the imprisonment of 2 years and 6 months for the crime of 3 or 9 of the decision of the court below, etc.) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, in light of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court’s judgment on the part concerning the crime committed against the victim C (Article 1(1) A of the lower judgment as to the crime committed against the victim C, the Defendant, as described in paragraph (1) of the lower judgment’s holding, may recognize the fact that the Defendant threatened the victim and damaged property as stated in paragraph (1) of the lower judgment, and interfered with

The decision was determined.

1. On June 26, 2015, the victim found the Defendant at Schlage operated by the Defendant, and whether “I am this Chewing year” would give it an accusation to the police so far as I am well;

그냥 안 둔다, 죽여 버린다, 씹할 년 아, 왜 신고를 하는데, 개 같은 년 아. ”라고 욕을 하였고, 자신이 슈퍼 안으로 들어가면서 자리를 피하자 출입문을 손으로 잡고 수차례 흔들고 미닫이 출입문을 발로 수회 찼으며 피고인의 행위로 오후 저녁 늦게 까지 문을 닫고 장사를 하지 못하였다고

was testified.

② At the time of the Defendant’s death, the witness W also died of the victim’s death.

“A witness who took a horse to the effect that “,” was able to see the Schlage’s entrance by hand, scam and scam and scam the scam in a scam.

was testified.

③ According to the photographic images of the Schlage entrance operated by the victim, the Schlage entrance shall not be out of the outside.

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