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(영문) 춘천지방법원 강릉지원 2015.11.12 2015노492
협박등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (the factual error and inappropriate sentencing)

A. Fact-finding 1 Defendant of this case’s facts charged

A. (1) At the time and place mentioned in paragraph (1), the victim C was sealed by hand, but the victim C’s face was not taken.

2) The Defendant had expressed the victim D’s desire at the same time and at the same place, but there was no threat as the victim might have been expressed. 3) The Defendant was the first-B of the facts charged in the instant case.

Although it is recognized that there is a fact between the Gangnam Police Station under the influence of the time and time stated in the port, there is no memory of the victim E.

B. The lower court’s sentence of unreasonable sentencing (fine 2.5 million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the crime No. 1-A of the judgment below is examined.

At the time and place specified in paragraph (2), all of the assaults are recognized, such as not only the defendant was pushed the victim C's chest, but also the defendant was faced with the victim C's face by ma, intimidation as the victim D at the same time and place, and the face of the victim E at the time and place specified in paragraph (2) of the facts of the crime in the judgment of the court below.

Therefore, the judgment of the court below is just, and there is no error of law by misunderstanding facts and affecting the judgment.

All the defendant's arguments of mistake of facts are without merit.

B. Although there are favorable circumstances, such as the fact that there is no criminal record exceeding the fine imposed on the Defendant on the assertion of unfair sentencing, it is difficult to deem the Defendant to be a genuine violation, such as denying the crime without any specific reason despite the existence of objective evidence, such as CCTV images, etc., and the fact that there was a history of punishment several times for the same crime, and other favorable circumstances in the instant case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of each of the instant crimes, as well as the circumstances before and after the commission of the crime.

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