beta
Text
The judgment below
Part of acquittal shall be reversed.
A defendant shall be punished by imprisonment for one year.
except that from the date of this judgment.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Defendant 1’s statement of the victims of the instant crime of extortion is not reliable, and there is no objective evidence to prove the facts charged of the crime of extortion.
B) The Defendant did not assault F as indicated in this part of the facts charged. However, while there was a fact that F was overf in the process of spreading F who assaults the Defendant, it constitutes a legitimate defense, it is dismissed as it constitutes a legitimate defense.
2) The sentence of the lower court (six months of imprisonment, two years of suspended execution) that was unfair in sentencing is too unreasonable.
B. According to the evidence of prosecutor (unauthorized accusation) and evidence, while recognizing the fact that I submitted to the public service center of the Gunsan Police Station a written complaint of false contents, such as the Defendant’s fating fat in the process of speaking the Defendant and D’s fighting for the purpose of having I be subject to criminal punishment, the court below erred in finding the Defendant not guilty of this part of the charges due to misunderstanding of facts.
2. Determination
A. On October 23, 2014, the Defendant prepared a false complaint against I using a computer located at the first floor office of the Center C Center C center in the Gunsan-si, Gunsan-si on October 23, 2014.
The complaint, "I, jointly with F and D, assault and punish the defendant on March 1, 2014, and there is no fact that I assaulted the defendant on March 1, 201."
Nevertheless, the defendant submitted a written complaint to the police officer who is unable to know his/her name at the public service center of the military police station located in the Dong-dong, Masan-si on the same day.
In this respect, the defendant was made without the purpose of having I receive criminal punishment.
2) The following circumstances acknowledged by the evidence duly adopted and examined by the lower court in the lower court’s judgment, namely, D is not at the place of fighting in the lower court’s court.