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(영문) 서울중앙지방법원 2020.01.31 2019노2965

공갈등

Text

All appeals by the Defendants and by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts (each of the crimes listed in the judgment of the court below) was either conspired with, or did not participate in, Defendant B and F as stated in paragraph (1) of the criminal facts stated in the judgment of the court below. Nevertheless, the judgment of the court below which convicted Defendant A of each of the crimes listed in Article 1 of the judgment of the court below on the grounds of the testimony of G without credibility, etc., is erroneous in the misapprehension of facts, thereby affecting the conclusion of the judgment. 2) The sentence of unfair sentencing (two

B. Defendant B’s imprisonment (two years of imprisonment) is too unreasonable.

C. The Prosecutor’s sentence against the Defendants in the lower court is too unhued and unreasonable.

2. Judgment on Defendant A’s assertion of mistake of facts

A. The lower court rendered a guilty verdict as to each of the crimes of Article 1 of the lower judgment, by comprehensively taking account of the evidence, including G’s statement, etc.

B. G’s credibility of the G’s statement was stated at the investigation stage to the following purport:

G relatively consistently from the investigation stage to the court of the court below, Defendant A (hereinafter referred to as “Defendant”)’s participation in the crime, and the following are the following.

In light of the fact that various circumstances described in the paragraph conform to the G’s statement, G’s statement may be reliable.

1) G from December 2016, Defendant B (hereinafter “B”) from the Changwon BuildingCC (hereinafter “B”) to Defendant B from around December 2016.

A) Around January 2017, 2017, B lived with F and the Defendant, and the Defendant lived together with each other. From March 2017 to the same year, G and the Defendant lived together with F and the Defendant. From March 2017 to the same year, G and the Defendant directed the Defendant and B to commit a crime, such as the opening of passbook and the suspension of payment, and accordingly, the Defendant and B instructed B to commit a crime.

In addition, F, G, Defendant, and B account opened only at any time, suspended payment, and account opened in the name of the complaining corporation.