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(영문) 부산지방법원 2020.01.09 2019노2496
협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant cannot completely memory the fact that each text message stated in the facts charged in the instant case is sent to the victim or E due to influence of drugs or alcohol, and the content of the text message sent by the defendant is all false.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. The following circumstances are revealed by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts. ① The text messages of this case sent by the defendant are very specific, detailed, and detailed. It is difficult to view that the text messages of this case were prepared in a state where normal accidents cannot be caused by the influence of drugs or alcohol. ② As to the defamation, the Defendant’s criminal facts, such as insult of the victim, etc., sent the victim repeatedly. As such, among the contents of the text messages sent by the Defendant to E, the fact that the Defendant was sentenced to a fine (i.e., “the Defendant was sentenced to a fine (i., “the Defendant proposed and was sentenced to a fine that the Defendant would return to the Defendant from the carba, and the Defendant was sentenced to a fine) is not a fact that the Defendant sent the text messages to the victim, and (ii) the Defendant could sufficiently recognize the fact that the Defendant publicly threatened the victim by openly transmitting the text messages to the victim, and by openly pointing out false facts by publicly pointing out the victim’s reputation.

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

B. There is no change in the conditions of sentencing compared to the judgment of the first instance court on the assertion of unfair sentencing, and the sentencing of the first instance court is.

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