(영문) 광주지방법원 2017.08.09 2016노3970 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.08.09 2016노3970

협박

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although the Defendant did not threaten the victims, the lower court found Defendant guilty of the facts charged of this case. In so doing, the lower court erred by misapprehending the legal doctrine.

2) The lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. The following circumstances, which are acknowledged by the lower court to comprehensively consider the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, i.e., the victims by threatening the victims at the time and place specified in the facts charged.

In light of the fact that the defendant specifically stated the facts charged in this case in the court below, and that it is difficult to find out circumstances to suspect the credibility of the statement, the defendant can sufficiently recognize the fact that the defendant threatened victims as stated in the judgment of the court below. Thus, the above argument by the defendant is without merit.

B. Considering the fact that the Defendant did not agree with the victims until the trial was held, strict punishment against the Defendant is necessary for the determination of the unfair argument of sentencing by the Defendant and the Prosecutor.

However, considering the defendant's age, sex and environment, motive, means and consequence of the crime, etc., the court below's punishment against the defendant is too unreasonable, since it is recognized that the defendant's punishment against the defendant is too unreasonable, as it is reasonable, the above argument by the defendant is reasonable, and the prosecutor's above argument is groundless.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.

유사 판례

-광주지방법원 2017.06.14 2016노4157

-광주지방법원 2017.09.13 2016노4201

-광주지방법원 2018.01.24 2017노3497

-광주지방법원 2018.12.12 2018노2739

-광주지방법원 2018.08.29 2018노1860