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(영문) 의정부지방법원 2019.10.25 2019노2061
공갈미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant registered a photograph of this part of the facts charged, which had been recorded in his/her Epropy on Jan. 5, 2019, while trying to register his/her previous male-child photograph on Jan. 5, 2019, and taken the body of the injured party. Thus, the Defendant did not have an intention to openly exhibit his/her photograph as stated in this part of the facts charged against the injured party’s will.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, confiscation) is too unreasonable.

2. The Defendant alleged the same purport as the grounds for appeal in this part of the judgment of the court below regarding the assertion of mistake of facts, and the court below decided the Defendant and the defense counsel’s assertion.

The defendant's assertion was not accepted in detail when the judgment on this issue was stated in detail.

Examining the above judgment of the court below in a thorough comparison with the records, it is justified and acceptable, and it does not seem to have any error of law by misunderstanding facts, which affected the conclusion of the judgment.

Therefore, the defendant's above assertion is without merit.

3. The defendant has the following favorable circumstances in determining the allegation of unfair sentencing.

The defendant has been recognized to commit crimes with the exception of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.).

The defendant has no record of criminal punishment in Korea prior to each of the crimes in this case.

The Defendant, upon receiving a claim from the victim, replaced the pictures taken of the victim’s body, registered in E protocol, with another photograph.

However, there are the following disadvantageous circumstances for the defendant.

Not only the defendant has threatened the victim several times to take money from the victim, but also the degree of such intimidation shall not be weak.

A defendant does not leave custody.

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