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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2017.05.31 2017노775
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant guilty of the facts charged in this case, although the Defendant had not inflicted an injury on the victim by using each item of the facts, the court below erred by misunderstanding the facts.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant can fully recognize the fact that the defendant inflicted an injury on the victim by using each item as stated in the judgment below, so the above assertion by the defendant is without merit.

B. It is recognized that the Defendant agreed with the victims to determine the unfair argument of sentencing, and the degree of injury suffered by the victim B is relatively minor.

However, the crime of this case is not very good, the defendant committed the crime of gambling, special bodily injury, or damage to special property during the period of probation, and the defendant's age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime, are too unreasonable, and therefore, the defendant's above assertion is not reasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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