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(영문) 대전지방법원 2013.11.20 2013노1790
폭력행위등처벌에관한법률위반(상습공갈)등
Text

The judgment below

The part of the forfeiture shall be reversed.

Seized verification LG options (Evidence No. 4) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to the facts charged for confinement and habitual conflicts), the Defendant only provided convenience, such as lodging and lodging, to a runaway juvenile, D, L, or N, and there is no fact that the Defendant detained D or took money from D, L, or N.

B. The sentence imposed by the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, i.e., (i) the victim D had experienced the victim from the investigative agency to the PC located in the court of the court below, and there was no escape for several hours thereafter; and (ii) the victim N and L consistently consistently stated the specific details of the damage that "the defendant had been threatened by the defendant over several times, such as the list of crimes, and delivered money to the defendant"; and (iii) the victim N and L were threatened by the defendant over several times from the investigative agency to the court of the court of the court below, such as the list of crimes, until the court of the court of the court below, and provided money to the defendant. There was no sufficient reason to acknowledge this part of the defendant's assertion that the victim D had been detained as stated in this part of the facts charged, and habitually detained the victim D, the victim D, N and L, as stated in this part of the charges.

B. It is recognized that the defendant agreed with the victim D, L, and N on the assertion of unfair sentencing.

However, the crime of this case is habitually committed by the defendant with accommodation for runaways, and the amount of money from runaways to entertainment expenses, etc. is collected from runaways.

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