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(영문) 부산지방법원 2015.05.08 2015노167

공갈미수등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and two months.

. Prosecutors;

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s grounds of appeal 1) With respect to Article 2-e (e) of the facts constituting an offense of erroneous determination of facts as indicated in the judgment of the court below, Defendant A merely talks with the above victim in the process of handling the agreement with female employees by the victim H upon the request of the victim H that they would arrange for the settlement of such agreement. However, the court below found Defendant A guilty of the above part, which erred by misapprehending the facts, thereby affecting the conclusion of the judgment. 2) The sentence against Defendant A (one year and six months of imprisonment) by the court below on the ground of unfair sentencing is too unreasonable.

B. The Prosecutor’s appeal against Defendant B by the lower court against the Prosecutor’s Defendant B is deemed to be too unhued and unreasonable.

2. Determination:

A. The lower court consistently stated the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court regarding the Defendant A’s allegation of 1’s grounds for appeal: (i) the victim H made a statement from the investigation process to the lower court to the effect that “I would immediately be bound if I had to have agreed, and will have passed after the life,” that “I would have to reach an agreement with the said Defendant”; and (ii) the witness of the lower court appeared as a witness in the investigation process and the lower court to the effect that “I would have not think that I would reach an agreement with the victim; (iii) the witness of the lower court also stated that “I would have reached an agreement with the Defendant only 50 million won,” stating that I would have “I would have expressed that I would have “I would have received the agreement,” and that I would have expressed that I would have been “I would have been bound by the agreement,” and that I would have not introduced the witness G through the investigation process to the lower court to the extent that I would have committed a minor indecent act against the victim.