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(영문) 의정부지방법원 2018.05.17 2018노404

공갈등

Text

The judgment of the court below is reversed.

A. The two-month imprisonment and the remaining crimes are each committed against the defendant.

Reasons

1. Summary of grounds for appeal;

A. Recognizing that there was a fact that the Defendant, by misunderstanding the fact, threatened the victim to take money, the Defendant did not use the brick or knife or assault the victim habitually as stated in the facts charged of the instant case.

B. The punishment of the lower court (the crime No. 2-A. of the lower judgment: imprisonment with prison labor for 2 months, and imprisonment with prison labor for 1 year) is too unreasonable.

2. We examine ex officio prior to the judgment on the reasons for appeal by authority.

In the first instance trial, the prosecutor deleted “Habitual assault” from the name of the crime, and applied for the amendment of the indictment with the contents of the changed indictment No. 2 and No. 3 as stated in the facts charged 2 and No. 3, and this court permitted it. As the subject of the judgment changed, the judgment of the court below cannot be maintained any more.

[2] 【Revised Facts constituting the Act】

2. Habitual special violence;

A. On May 2015, the Defendant: (a) at the Ha Government-si H around 2015, the Defendant: (b) informed the victim of the method of receiving the loan and ordered the victim to receive the loan; (c) on the ground that the victim was unable to receive the loan properly, the Defendant assaulted the victim by making the victim knee and knee with the victim’s face by hand; (d) making the victim walked with the victim’s face; and (e) making the victim knee kne kne kel knek kel kne, a dangerous

B. On March 2016, the Defendant assaulted the victim by having a knife with a knife, which is a dangerous object at the model of the above company's building, knife and knife the victim's knife and knife with one hand, on the ground that the victim asked to resolve the loan problem and asked him to do so.

(c)

On March 2016, the Defendant, from G in Dong-gu, Dong-gu, Dong-gu, 2016, on the ground that the victim had expressed his or her speech to solve the loan problem, he or she can be applied with his or her loss.