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(영문) 서울고등법원 2018.01.16 2017노2691

특정경제범죄가중처벌등에관한법률위반(공갈)등

Text

[Defendant A and D] Among the judgment below, the part on the crime Nos. 1 and 3 of the judgment of Defendant A and the part on Defendant D, respectively.

Reasons

The lower court rendered a judgment on the charge of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Use of Cameras, etc.) due to the provision of photographs against Defendant A and B among the facts charged in the instant case, and found the remainder of the facts charged guilty. Only the said Defendants appealed and appealed to the lower judgment, and the Prosecutor did not appeal on the part not guilty.

If so, the acquittal portion is already separated, it shall be excluded from the scope of this court's trial.

Defendant A’s mistake or misunderstanding of the legal principles on the grounds of appeal (violation of the Road Traffic Act) did not comply with a police officer’s request for measurement of drinking. However, the Defendant did not comply with a request for measurement of drinking because he was not a driver, and there was no reason to comply with the request for measurement of drinking. The Defendant did not comply with a request for measurement of drinking because he was in a mixed state with the spirit from B at the time, and the Defendant did not comply with the request for measurement of drinking without justifiable grounds

Nevertheless, the court below convicted this part of the facts charged. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

The punishment sentenced by the court below (any violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, any violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, any violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) is too unreasonable.

The 15-year period of the registration of personal information against the improper defendant during the registration period of personal information is too unfair.

Defendant

B (unfair sentencing) The punishment sentenced by the lower court (three years of imprisonment, etc.) is too unreasonable.

Defendant

C In the case of a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Gong) for the A and B to go to China through Vietnam, there is money that the Defendant would go to China.

A, and B, by threatening the victim P, he only worked in Vietnam's way to cut off the Vietnam flight machine Pet.