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(영문) 부산지방법원 2016.07.22 2016노1996
공갈미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1, misunderstanding of the facts and misapprehension of the legal doctrine, intended to have the Defendant had the intention to reconvert the 5th floor building located in Busan Shipping Daegu E (hereinafter “the instant building”) from the injured party, like the part concerning the attempted crime No. 1 (hereinafter “instant denied part”) as indicated in the judgment of the court below.

Although it is difficult to see it, the court below erred by misunderstanding the facts and misapprehending the legal principles, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment) is too unreasonable.

B. Prosecutor 1) A list of offenses in attached Form 2 (Attachment Table 2 attached to the judgment of the court of a party) of the judgment of the court below, which sent by the defendant misunderstanding the facts to the victim.

In light of the contents of each of the instant text messages (hereinafter referred to as “each of the instant text messages”), J, T,O, etc., the Defendant sent each of the instant text messages at the time of sending each of the instant text messages, etc., although it is sufficiently recognized that the Defendant was aware that the content of each of the instant text messages was false, and that the Defendant was aware that the content of each of the instant text messages was false, among the facts charged against the Defendant, the fact that the Defendant violated the Act on Promotion of the Use of Information and Communications Network Utilization and Information Protection, Etc. (Defamation) by publicly alleging false facts, among the facts charged in the instant case, was acquitted (hereinafter referred to as “not guilty part of the reasoning of the lower judgment”), the lower court erred by misapprehending the fact that the lower court acquitted the Defendant, thereby adversely affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment) is too unhued and unreasonable.

2. Judgment on the prosecutor's assertion of mistake as to the acquittal portion of the reasoning of the judgment below

A. On January 14, 2015, the summary of the non-guilty part of the lower judgment is the fourth floor of the five-story building located in Busan Shipping Daegu E (the instant building) around 19:49.

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