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(영문) 대구지방법원 2017.02.10 2016노5661
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: Imprisonment with prison labor of one year and two months, and one year) that the court below sentenced the Defendants is too unhutiled and unreasonable.

B. Defendants 1) In fact, the lower court found the Defendants guilty of this part of the charges, even though the Defendants did not intrude into the victim F’s house around 01:00 on August 2, 2016, by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) Each sentence sentenced by the lower court to the Defendants is too unreasonable.

2. Determination

A. As to the Defendants’ assertion of mistake of facts, the lower court rejected the Defendants’ assertion and their defense counsel’s determination in detail under the title of “determination of the Defendants and their defense counsel’s assertion” on the grounds for appeal in this part.

In light of the evidence duly admitted and examined by the court below, it can be sufficiently recognized that the defendants opened the victim's door door and intruded into the victim's door as shown in this part of the facts charged, and as pointed out by the court below, the victim F's investigative agency, who corresponds to this part of the facts charged, has a specific and consistent credibility, while the statement in the court of the court below contrary thereto, is difficult to believe it as it is in light of the time of statement and its history.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is just, and there is an error of law by misunderstanding facts as pointed out by the defendants.

Therefore, the Defendants’ assertion of mistake is without merit.

B. We examine both the determination of unfair sentencing and the Defendants’ assertion.

The defendants make confessions most of the crimes and reflects the truth, and the victims agree to pay a considerable amount of money.

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