폭력행위등처벌에관한법률위반(상습공갈)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. Summary of grounds for appeal;
A. Defendant 1 asserts that, as indicated in attached Table 1, No. 1, No. 2, the Defendant, by threatening the victims as indicated in attached Table 1, No. 1, and 2, the Defendant committed an error of law that affected the conclusion of the judgment by misunderstanding the fact that, although there was no fact that her mother took money in the name of her mother, or she took money by force on the victims as stated in attached Table 1, No. 4 through 9, 13, 16, 18, 20 through 26, the Defendant got off the money by force on the victims as stated in the attached Table 1, No. 1, 1, and 16, 18, 20 through 26, the lower court erred by misapprehending the fact that the Defendant
B. The prosecutor asserts that the above sentence imposed by the court below is too uneasible and unreasonable.
2. In the case of the instant facts charged, the ex officio judgment prosecutor applied for changes in the indictment with the content of changing “In the order of December 2012” in paragraph (1) of the instant facts charged as “in the order of September 2012,” “victim G (in the order of Sep. 5, 2012)” and “victim G (in the age of 56)” as “victim AU (in the order of September 49, the age of 49)” and attached Tables 1 and 2 as in the annexed list 1 and 2, and the judgment of the court below was modified by the permission of this court. Thus, the judgment
However, even if there are such reasons for ex officio destruction, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court within the scope of determining the changed facts charged, and this is examined in
3. Judgment on the defendant's assertion of mistake of facts
A. The summary of the revised facts charged in this part of the facts charged is as follows: 1, 2, 4, 9, 13, 16, 18, 20, 26, 20, 26, 1, 1, 1, 20, 1, 1, 1, 1
B. The lower court found the Defendant guilty of this part of the facts charged prior to the amendment.
C. The following circumstances, i.e., the victims, based on the evidence duly adopted and investigated by the lower court and the first instance court, are revealed.