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(영문) 수원지방법원 2020.11.13 2020노766
협박
Text

The defendant's appeal is dismissed.

Reasons

The court below found the defendant not guilty on the grounds of intimidation Nos. 1 and 4 in the annexed list of crimes in the indictment of this case, and found the defendant guilty on the remaining facts charged, which are a single comprehensive crime, and only the defendant appealed on the guilty part.

The judgment below

Of the above intimidation, which was judged not guilty for the reason, was transferred to this court along with the guilty part. However, in this case where only the defendant appealed, it shall be deemed that the defendant was relieved of the object of defense, and therefore, the part of acquittal in the reasoning of the judgment below should not be judged again, and the conclusion of the judgment below should

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

Summary of Grounds for Appeal

A. In fact-finding the defendant suffered from the victims who were living in the above floor of the defendant's residence for a long time, and raised an objection to the victims, and did not speak or act as stated in the judgment of the court below, and did not intend to commit intimidation.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

3. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the fact that the Defendant, as stated in the lower court’s judgment, made a statement to the victims or expressed their actions is recognized.

Even if the defendant suffered from noise between floors as alleged by the defendant, such circumstance alone interferes with the above fact-finding.

It cannot be said that the illegality of the defendant's act constitutes a justifiable act.

Therefore, this part of the defendant's argument is without merit.

B. The Korean Criminal Procedure Act, which adopts the trial-oriented principle and the direct principle on the argument of unfair sentencing, determines sentencing.

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