logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2012.11.30 2012노485 (1)
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. In order to receive money lost due to gambling around 20:30 on December 28, 201, the Defendant: (a) found the victim G as H operated by the victim G in order to return money; (b) did not receive money from the victim G; and (c) the lower court convicted the victims of all the facts charged in the instant case, even though there was no injury or having received money as indicated in the facts charged, the lower court convicted them of all of the facts charged. In so doing, the lower court erred by misapprehending the facts and adversely affecting

B. While being drunk at the time of each of the crimes in this case, the court below neglected it. The judgment below erred by misapprehending the legal principles on mental and physical disability, which affected the conclusion of the judgment.

C. In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the lower court on the Defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's assertion of mistake of facts and the evidence duly admitted and investigated by the court below and the court of the trial, namely, the victims, from the investigative agency to the court of the court below, found the defendant as H along with the defendant Eul et al., and took a bath to the victim J andK and her 170,000 won from the victim G as stated in the facts charged, and subsequently they subsequently made a detailed and consistent statement about the situation at the time, circumstances, and the progress thereof, which may be reliable. Further, the victim state consistently to the purport that the victim, at the investigative agency and the court of the court of the court below, had the defendant take money in return for the fear that he would harm his body, etc. if he did not give money to the defendant at the time of the investigation agency and the court of the court below (Evidence evidence record 238, 239, trial record 161, 164 pages). The witness I's testimony at the investigative agency and the court of the court of the court of the court below as well-mentioned testimony and the victim, Y.

arrow