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(영문) 수원지방법원 2018.01.19 2017노8276
협박등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In light of the fact-misunderstanding or misunderstanding of legal principles (the part concerning the crime of interference with and injury to business), the Defendant sought coffee at the time of the instant case at the time, and the fact that the time of the instant case was only five minutes, and the police officers at the instant site did not arrest the Defendant in the act of committing the crime, the Defendant interfered with the victims’ work or inflicted injury on E.

It is difficult to see it.

Nevertheless, the court below found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding the facts or misunderstanding the legal principles.

2) Since the Defendant committed each of the instant crimes under the mental and physical weakness, such as proof of alcohol alcohol, etc., punishment should be mitigated.

3) The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. According to the evidence duly adopted and examined by the court below regarding the defendant's assertion of misunderstanding of the facts or misapprehension of the legal principles, since the defendant could interfere with the business of the victim's stores and fully recognize the fact that the victim E suffered injury as stated in the facts charged in the judgment below, the judgment below which found the defendant guilty of this part of the facts charged is just, and there is no error of misconception of facts or

Therefore, the defendant's above assertion is without merit.

3. According to the records on the Defendant’s argument of mental and physical weakness, although the Defendant could drink at the time of committing each of the instant crimes, the Defendant was in a state that the Defendant was under the influence of alcohol and lacks the ability to discern things or make decisions.

There is no evidence to prove that there is no evidence.

Therefore, the defendant's above assertion is without merit.

4. The defendant's judgment on the improper argument of sentencing by the defendant and the prosecutor.

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