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The prosecutor's appeal is dismissed.
In the disposition of the lower court, “from October 11, 201 to May 31, 2013 of the facts charged in the instant case.”
Reasons
1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);
A. Of the facts charged in the instant case, according to the victim D’s statement and the defendant’s role and overall circumstances related to news reporting operations, etc., the fact that the Defendant intimidationed the victim from October 11, 2010 to December 15, 2013, as stated in the judgment of the court below, and 7,3830,000 won in total and 8,970,000 won in installments for the purpose of protecting the victims, is recognized.
Nevertheless, the judgment of the court below which acquitted the charged facts of this portion is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
B. The punishment sentenced by the court below (two years of suspended sentence in June, observation of protection, and community service order of 160 hours in 6 months) is too unhued and unreasonable.
2. Determination
A. The lower court determined as to the assertion of mistake of facts on the grounds stated in its reasoning, on the grounds as indicated in its reasoning, notified the Defendant of harm and injury that the Defendant would have a large of KRW 82.8 million from October 11, 2010 to December 15, 2013, i.e., the list of crimes listed in the attached Table D as indicated in the lower judgment (i.e., the KRW 7,383,000) on the grounds that the Defendant received a total of KRW 82.8 million from October 11, 2010 to December 15, 2013 (i.e., the KRW 7,383,00
It is difficult to conclude it.
Based on the judgment of the court below, among the facts charged in the instant case, the Defendant was not guilty of the attack from October 11, 2010 to December 15, 2013 of the crime sight table (1), (2) of the attached Table in the judgment of the court below.
The judgment below
Examining the reasoning of the relevant legal principles and the evidence duly adopted and examined by the court below, the above judgment of the court below is just, and there is no error of law by misunderstanding the facts as pointed out by the prosecutor, which affected the judgment.
The prosecutor's assertion of mistake is without merit.
B. Although the defendant judged the unfair argument of sentencing, the defendant of this case.