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.
1. Summary of grounds for appeal;
A. Defendant 1) In fact-finding and misunderstanding of legal principles (Habitual conflict) against the victim F, the Defendant only remains a food payment liability for the said victim due to the relationship between the victim F and credit transaction, and the Defendant did not want to escape the above victim from food payment. However, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B) The part of the Defendant against the victim I was voluntarily provided with drinking and drinking in accordance with the relationship with the above victim in danran bar operated by the victim I. In the case of the crime list (1) No. 41 attached to the judgment of the court below, there was a dispute between the above victim and the non-indicted X without the order of the Defendant. In the case of the crime list No. 9 through No. 11 attached to the above crime list, the above victim voluntarily paid the meals or preserving money when the above victim met at the restaurant. In the case of the crime list No. 12 and No. 24 attached to the crime list No. 12 and the above crime list No. 24, it is merely limited to the fact that the above victim voluntarily voluntarily delivered money or calculating money to the defendant. The Defendant did not request the above victim to pay KRW 10 million as stated in the crime list No. 38, the court below erred by misapprehending the legal principles that found the above victim guilty or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.
(Defense Counsel acknowledges the facts charged as to obstruction of business, and asserts that it does not allow a customer to drive away or not enter the customer, without admitting the facts charged. This is regarded as part of the assertion of unfair sentencing.
The sentence of the court below by the prosecutor is too uneased and unreasonable.
2. Determination
(a) mistake of facts; and