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(영문) 서울고등법원 2018.08.08 2018노1136
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. Although the Defendant complained against the victims due to parking problems, garbage treatment problems, etc., there was no assault against the victims or intimidation, or no damage to the victims’ property, and there was no statement to the effect that the lower court acknowledged the facts charged in the 2017 High 363 case.

Nevertheless, the court below found the defendant guilty on the ground of the defendant's exaggerated statement, etc. that is not adequate for appraisal, and the judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. The lower court, as to the assertion of mistake of facts, found the Defendant guilty on the 2017 High 363 case, by comprehensively taking account of the Defendant’s confession and relevant evidence, and on the 2017 High 542 case, comprehensively taking account of the following circumstances, it can be sufficiently recognized that the Defendant, as indicated in this part of the facts charged, threatened the victims and damaged the victim’s N’s property.

The decision was determined.

(1) The victims have consistently made statements that correspond to the facts charged from an investigative agency to the court of original trial, and the statements are specific, consistent, and no other circumstance exists to suspect credibility.

② Paragraphs 2 and 3-A of the facts charged in the instant case, Q, R, S, and P also 201 High 542

A statement was made to the investigative agency to the effect that the witness was present, and that the witness was not actually experienced in light of the contents of the witness's statement, the relationship between the witness and the defendant, etc.

There is no reason to suspect.

(3) The damaged parts photograph (Evidence No. 11) existing in the body of the victim M, and the voice (Evidence No. 16) of the recording file submitted by the victim M to an investigative agency, and the damaged vehicles owned by the victim N.

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