logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.01.14 2015노4470
특수협박등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) Defendant A (the Defendant’s intimidation to the victim S) did not in collusion with J et al., as stated in this part of the facts charged, and did not threaten the victim S.

2) Comprehensively taking account of the evidence submitted by the prosecutor (the special intimidation against the victim S, the part not guilty of the reasons) by the prosecutor, the fact that Defendant A carried with the camping net and pipe, which is a dangerous object, such as as indicated in this part of the facts charged, and with seven persons, including J, it can be sufficiently recognized that Defendant A threatened the victim S.

Nevertheless, the judgment of the court below that acquitted the Defendant of this part of the facts charged is erroneous and adversely affected the conclusion of the judgment.

B. Improper sentencing 1) The respective sentence of the lower court (Defendant A: 1 year of imprisonment, Defendant C: 8 months of imprisonment) is too unreasonable.

2) The lower court’s sentence against Defendant A of the Prosecutor is too unhued and unreasonable.

2. Determination on the assertion of mistake of facts by Defendant A and the Prosecutor

A. The summary of this part of the facts charged is followed by paragraph 1-A of the judgment of the court below, and three defendants A and J et al. met with the name of the mediation staff of the "J," and the name of the mediation staff of the "J," who had been under the direction of the J et al., and found the victim S, etc. at the same time and place as Paragraph 1-B of the judgment of the court below, as stated in the judgment of the court below, and as stated in the judgment, J shall give instructions as stated in the judgment of the court below, and the remaining seven persons, including the defendant, do not get off the victim, etc. from mountain, as stated in the judgment of the court below, by continuously creating a bad atmosphere as stated in the judgment of the court, and thereby, the defendant threatened the victim by carrying with seven persons, including the J et al., the dangerous articles.

B. As to the determination, the lower court, in full view of the evidence duly admitted and examined by the lower court, has led Defendant A to threaten the victim in collusion with three persons, including J, while explaining the circumstances in its reasoning.

arrow