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(영문) 창원지방법원 2014.11.13 2014노2028
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding or misunderstanding of legal principles (Defendant B) stated in G hospital that “I do not want to do so if I want to do so, I would like to do so.” However, I did not have the intention of intimidation as the victim was immediately knekeling away from the kneel.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, which found Defendant B liable for the crime of violation of the Punishment of Violences, etc. Act.

B. The Defendants asserts that each sentence (Defendant A: 4 years of imprisonment, Defendant B: 2 years and 6 months of imprisonment) declared by the court below is too unreasonable.

2. Determination

A. Defendant B and the defense counsel in the judgment of the court below also asserted the same purport as this part of the grounds for appeal, and the court below rejected the above assertion in detail with Defendant B and the defense counsel's above assertion under the title "the violation of the Punishment of Violences, etc. Act (joint conflict) in the judgment of the court below" among "the judgment of Defendant B and his defense counsel's assertion". In comparison with the records, the judgment of the court below is just and acceptable, and there is no error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion of the judgment. Thus, the above assertion by Defendant B is without merit.

B. Judgment on the Defendants’ assertion of unfair sentencing is 1) Defendant A’s part on the grounds that both Defendant A and Defendant A have recognized and reflected each of the instant crimes, Defendant A is dissatisfied with difficulties in shock control due to sporadic explosions, etc., and Defendant A discharged a considerable portion of the loans due to the violation of the Punishment of Violences, etc. Act (the repayment of considerable portion of the loans due to joint conflict).

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