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(영문) 의정부지방법원 2014.06.26 2013노2489
강요등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (in the part of the crime of injury) only when the victim’s left side is clocked as “man’s floor” and did not have calculated the victim’s price. However, this part of the facts charged by the Defendant, which caused the victim’s death, is erroneous in the misapprehension of facts, thereby affecting the conclusion of the judgment. 2) The sentencing of the lower court on unreasonable sentencing (two years of suspended sentence in August, and one hundred and sixty hours of community service order) is too unreasonable.

B. Prosecutor 1) Although the defendant tried to terminate the hospital by threatening the victim, the judgment of the court below which acquitted this part of the facts charged is erroneous by misunderstanding the facts, which affected the conclusion of the judgment. 2) The judgment of the court below on unreasonable sentencing is too unfeasible and unfair.

2. The defendant consistently asserts that the police from the police to the court of the trial at the court of the trial, the defendant's argument that he/she was at the time of the victim's scam, and the victim D stated that he/she was at the time of drinking from the defendant in the police. However, in the court of the court of the trial at the court of the court below, the defendant stated that he/she was at the time of drinking from the defendant, but he/she was at the time of drinking the victim's face, considering the fact that he/she stated that he/she was at the time

Since it seems that the floor is less than that of the defendant, the defendant's argument of mistake of facts is justified.

However, this is merely a partial change in the form of crime, and there is no obstacle to the defendant's exercise of his right to defense. Accordingly, the guilty part of the judgment below is not reversed, and it is necessary to revise the "food" of Paragraph 2 of the crime to "manial floor".

3. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of the facts charged (a crime of coercion) is that the Defendant has sustained the victim at an influence place around December 16, 2012.

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