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(영문) 서울동부지방법원 2014.11.14 2014노1185
공갈미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the lower court erred by misapprehending the facts and convicted the Defendant, even though the Defendant had not threatened the victim, as stated in the facts charged in the instant case.

B. The lower court’s sentence (two million won of fine) imposed on the Defendant is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the evidence duly admitted and investigated by the court below is consistent with the following circumstances: (i) the victim made a statement from the investigative agency to the court of the court below to the effect that “I would like to report illegal buildings unless the defendant would give money as stated in the facts charged in the instant case”; and (ii) the content of text messages sent several times to the victim and the content of conversation between the defendant and the victim also correspond to the victim’s statement, comprehensively taking into account the following circumstances: (a) the victim may be sufficiently recognized as having attempted to withdraw money by threatening the victim as stated in the facts charged in the judgment of the court below; and (b) this part of the defendant’s assertion is rejected.

B. Although there are some favorable circumstances for the Defendant regarding the assertion of unfair sentencing, the Defendant was the primary offender, the Defendant committed the instant crime, and the Defendant was committed against the attempted attempt, and the health conditions of the Defendant are not good due to depression, etc., as well as considerable economic circumstances, the lower court appears to have partially reduced the fine prescribed by the summary order, considering such circumstances, and the lower court appears to have already denied the Defendant’s continuous crime up to the trial, and did not reflect his mistake, and even up to now, was undermining circumstances such as the Defendant’s failure to receive a letter from the victim or to reach an agreement. In addition, the motive, means and consequence of the instant crime, and the result after the crime.

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