특수공갈
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The summary of the grounds for appeal (the factual error) is erroneous in the misunderstanding of facts in the judgment of the court below which acquitted the defendant, even though the defendant threatened the victim using excessive amount of money, and the victim gave money to the defendant with fear of fear.
2. Determination
A. Before determining the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the prosecutor examined the name of the instant crime in the trial, and applied for changes in the contents of the instant applicable provisions to “Article 350-2 and Article 350(1) of the Criminal Act”, and the judgment of the court below was no longer maintained due to changes in the subject of the judgment by the court’s permission.
However, the prosecutor's assertion of mistake is still subject to the judgment of this court, so it is judged.
B. On February 8, 2012, the summary of the facts charged is as follows: (a) the Defendant was sentenced to a suspended sentence of three years for a violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) at the Seoul Northern District Court on the grounds of a violation of the Punishment of Violences, etc. Act; (b) on May 19, 2012, the said judgment became final and conclusive and conclusive on May 19, 2012; and (c) on March 18 and 35, 2014, the Defendant saw excessive materials, which are dangerous to the four-story nurse rooms of the D Hospital located in Kuju-si, Kuju-si, Seoul, as his hand, and she was referred to the victim E (the age of 31) who is a nurse (the age of her mother, her mother, and did not want to die; and (d) the Defendant was lawfully granted money from the prosecutor’s evidence to the effect that the Defendant received property from the victim.
(1) The Defendant takes excessive measures and excessive measures to the victim of a massage who enters the nursing room.