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(영문) 제주지방법원 2019.10.17 2019노537
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

가. 사실오인 피고인은 페인트통을 들려는 시늉만 하였을 뿐 페인트통을 사용해 피해자 D을 협박한 사실이 없고, 위 피해자의 팔을 잡아당기거나 뺨을 때려 폭행한 사실도 없다.

Nevertheless, the court below erred by misunderstanding the facts on this, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the following circumstances are acknowledged.

The victim D arrived at the investigative agency about this part of the facts charged, "I tried to open the C cafeteria today," so P tried to have a telephone from several days prior to the call to open, and asked to open the open at 07:10,000 so I arrived at C. At 08:0, I got to the Republic of Korea. At the arrival, I am flue, I am flue, and am flue, I am flue, and I am flue with the Defendant's head, and am flue with the Defendant's head, and am flue with the Defendant's head, and am flue with the Defendant's head. I amflue with the Defendant's escape, and amflue, I amba, I amflue, I amfe, I am. I am. I amflue with the Defendant's mother and Q am.

However, the defendant has been driving away from the telecom. Therefore, I concealed it to the west of the first floor of the telecom.

Nevertheless, the Defendant, based on her base, she dried the clothes on the side of the gambling place on which the Defendant had been in her motherel and her baseed with the larger her “out-of-the-out gora.”

Therefore, the institution was suffering.

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