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(영문) 울산지방법원 2020.01.16 2019노1001
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The judgment below

All parts against Defendant A, Defendant B, and Defendant C among them are reversed.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of facts alleged in the grounds of appeal on October 14, 2019. However, on October 24, 2019, Defendant E withdrawn it on the first day of the trial of the court on October 24, 2019 and maintained the mistake of facts and unreasonable sentencing as the grounds of appeal. A) Defendant A’s violation of the Welfare of Disabled Persons Act (Article 1-b of the criminal facts in the original judgment) on January 15, 2019 (Article 1-b of the criminal facts in the original judgment), the victim voluntarily left the Defendant’s house, and the Defendant did not detain the victim.

B) Defendant B (1) on January 20, 2019, violation of the Punishment of Violences, etc. Act (joint confinement (Article 2- E of the crime in the original judgment) (Article 2-E of the crime in the original judgment) was committed against the Defendant’s home, and the Defendant did not detain the victim. (2) On January 21, 2019, the Defendant committed a violation of the Punishment of Violences, etc. Act (Article 3-C of the crime in the original judgment) (Article 3-C of the crime in the lower judgment), and the Defendant did not display the wooden class to the victim. (3) On January 21, 2019, the violation of the Act on Welfare of Persons with Disabilities (Article 3-E of the crime in the original judgment), and the Defendant did not commit an intentional act against the Defendant’s home and forced the Defendant to commit an act of violence, etc. (Article 4-2 of the Act on Punishment of Violences, etc.).

2) The sentence imposed by the lower court on the Defendants (Defendant A’s 3-year short-term two years and 6-year short-term, 40 hours of completion of sexual assault treatment programs, confiscation, 2-year short-term two years and 2-year short-term, 40 hours of completion of sexual assault treatment programs, confiscation, and 40 hours of completion.

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