폭력행위등처벌에관한법률위반(상습공갈)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant, in the judgment of the court below, did not make intimidation at each singing room Nos. 1 (Enodes) and 8 (Ynonooss) among the crime sight table 1 in the judgment of the court below, and even if he did not interfere with business in singing rooms Nos. 1 (Enodes) among the crime sight table 2 in the judgment of the court below, the court below erred by misapprehending the facts, thereby finding the Defendant guilty of all the charges of this part.
B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. Before determining the grounds for appeal ex officio, the Defendant denied part of the facts charged of this case as stated in the above grounds for appeal against the judgment of the court below. This court at the first trial date revoked the order of the court below that the Defendant decided to judge this part of the confession made at the court below in accordance with summary trial procedures in accordance with Article 286-3 of the Criminal Procedure Act on the grounds that the confession made at the court below was not reliable. In this regard, the court below was no longer maintained.
B. Although the above ground for ex officio reversal of mistake exists, the defendant's above ground for reversal of mistake still has its meaning and this is examined.
In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the defendant's act of threatening the victims or taking back money by threatening them, as stated in the judgment at each singing room No. 1 and No. 8 of the crime sight table 1 in the judgment of the court below, and the defendant's act of interfering with the victim's singing operation as stated in the judgment at the singing room No. 2 of the crime sight table No. 1 in the judgment of the court below can be fully recognized, and there is no error of mistake in the facts alleged by the defendant.
Therefore, the defendant's above assertion is without merit.
(1) At the time of prosecution, the Defendant finds money from the Enonobs bank operated by the victim D at the time to find out the owner who lost the money.