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(영문) 대전지방법원 2013.07.03 2013노328
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In spite of the fact that there was no damage by pressing a strings around May 9, 2012, the Defendant was guilty of this part of the facts charged. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below on the assertion of mistake of facts, i.e., the victim G consistently stated from the investigative agency to the court of the court below that “the defendant tried to have a door of the Young-gu Class and had it entered into the court of the court of the court of the court of the court below, i.e., the victim G opened and opened the door of the Young-gu Class to the court of the court of the court of the court of the court below and consistently stated that “The defendant was forced to have a door of the Young-gu Class.” ii) The investigative agency stated that “R at the time of the case is also a classroom, while the defendant entered the court of the court of the court of the court of the court of the first instance, i.e., the police officer dispatched to the scene, was present as a witness in the court of the court of the court of the court of the court below, and stated that “It was far away from the floor of the court of the court of the court below.”

B. The Defendant’s assertion of unfair sentencing is against the Defendant’s avoidance of disturbance at a mobile phone agency, discount store, child-care center, etc., the Defendant’s deposit for the restoration of damage to the victim P, the victim D, K, and N did not want the Defendant’s punishment, the Defendant suffered from polar disorder, etc., and the Defendant was punished by a fine for injury on or around June 2008.

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