logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2013.08.08 2013노542
폭력행위등처벌에관한법률위반(공동공갈)
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment with prison labor for four months.

However, as to Defendant B, this shall not apply.

Reasons

Summary of Grounds for Appeal

Defendant

A1) Although there was each statement of the court of law and the court of law as evidence as shown in the facts charged in the case of this case, the court below found Defendant A guilty of this part of the facts charged, or of violation of the rules of evidence, which affected the conclusion of the judgment, is erroneous in the misapprehension of facts or in the misapprehension of the rules of evidence. 2) In light of the fact that Defendant A or his wife (the wife) was frightened with the defendant A or his wife G, and that the main contents of the statement of the investigation agency and the court of law were reversed up to the time when the investigation agency and the court of court below were reversed, the court below found Defendant A guilty of this part of the facts charged, in collusion with Defendant B by the above evidence.

Defendant

B1) At the time of the instant crime of mental illness, Defendant B had weak capacity to distinguish objects from objects and make decisions. 2) The sentence imposed by the lower court on Defendant B (one month of imprisonment) is too unreasonable.

Judgment

Defendant

A's argument of mistake of facts or violation of the rules of evidence, and the court below's duly admitted and investigated evidence (the attorney of the defendant A has no admissibility but to use it as evidence for finding guilty of the violation of the rules of evidence. However, even though the copy of the above agreement has no admissibility of evidence, the content of the copy of the agreement is merely the purport that the defendant B agreed on the case where he had side effects on drinking and long-term extractions around March 28, 2007, and it can be sufficiently recognized by J's legal statement, etc., so the remaining evidence submitted by the prosecutor alone does not interfere with the finding of guilty of the facts charged of this case against the defendant A). In other words, the following circumstances recognized by the court below, which are ① from the investigative agency to the court below, to the court below.

arrow