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(영문) 부산고등법원 2015.03.19 2015노43
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment.

1) The Defendant related to the obstruction of business with respect to the victim G does not associate with this part of the facts charged. 2) The Defendant did not assault the said victim with respect to the charge of assaulting the victim G.

3) The Defendant involved in the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) was merely expressed to the victim J and did not have intention to intimidation. B. The sentence sentenced by the lower court of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) Determination of the assertion of mistake of facts is consistent with the purport that the victim G made a noise from the investigative agency to the court of original trial, as described in each part of the facts charged, to the effect that the defendant avoided the disturbance, and made his chest at the time of his chest. There is no special circumstance to suspect the credibility of the above statement. Therefore, even if the defendant acted in a state of mental disorder due to the defendant's mental disorder and form of crime, the defendant's behavior before and after the crime, the act of the defendant before and after the crime, the existence and degree of memory about the situation before and after the crime, the investigation, and the attitude in the trial, etc. Therefore, the defendant's allegation in this part of the appeal is without merit in relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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