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(영문) 수원지방법원 2021.01.14 2020노3498
공갈
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court, based on the evidence without credibility, found the Defendant guilty on the charge of aiding and abetting the Defendant, even though the lower court did not know at all that the Defendant did not have any knowledge of the Defendant’s payment of money from the victimized party B.

B. The punishment sentenced by the lower court (one year of imprisonment, two years of suspended execution, and two hundred hours of community service) is too unreasonable.

2. Determination

A. In the appellate court’s argument of mistake of facts, etc., when the appellate court intends to re-examine the first instance judgment after re-evaluation of the first instance judgment, even though there is no new objective reason that may affect the formation of a conviction during the trial process, there is a reasonable ground to deem that the first instance judgment was clearly erroneous, or that the argument leading to the acknowledgement of facts is considerably unfair because it is contrary to logical and empirical rules, etc., and without such exceptional circumstance, the first instance judgment should not be reversed without permission (Supreme Court Decision 2016Do18031 Decided March 22, 2017). The Defendant asserted to the same effect as the above grounds for appeal, and the lower court stated that “The Defendant should receive money from the injured party who caused the substitute mother’s childbirth due to the need for money at the time of the instant case, while the Defendant provided the money to the injured party, or the Defendant prepared a letter of intent that he or she should have given the money to the injured party, and that he or she should have given the money to the injured party.

The lower court rejected the instant assertion and found the Defendant guilty of the facts charged.

In light of the above relevant legal principles, the court below's above judgment is legitimate.

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