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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2014.07.24 2014노1402
공갈미수등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant of mistake of facts did not attack the victim C on April 15, 2013 and May 15, 2013, as stated in the facts charged in the instant case.

At the time of committing each of the instant crimes, the Defendant had a weak ability to discern things or make decisions due to the network disorder.

The punishment sentenced by the court below on unreasonable sentencing (eight months of imprisonment) is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant's attacked against the victim on April 15, 2013 and May 15, 2013 as stated in the facts charged of this case, and the victim's failure to comply with the above defendant's attack and thereby the defendant's attacked against all attempted crimes can be recognized. Thus, the defendant's assertion of mistake of facts is without merit.

According to the records on the assertion of misapprehension of legal principles, although the defendant could have been found to have been in a state of disability at the time of each of the crimes in this case, in light of the background leading to the crime in this case, the means and methods of the crime in this case, and the circumstances after the crime in this case, it does not seem that the defendant did not have reached a state of having the ability to discern things or make decisions due to such disorder at the time of each of the crimes in this case. Therefore, there is no reason

The Defendant’s judgment on the assertion of unfair sentencing had been duly made against the victim who received the instant officetel from the Defendant through the legal procedure, and had the victim committed the instant crime and trajection over several times. In particular, the instant crime was committed against E, who had mediated the instant officetel by the new lessee, and was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) against E, which was committed against the new lessee, and the execution of the sentence was completed, and was committed an indecent act during the period of repeated offense.

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