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(영문) 인천지방법원 2015.10.29 2015노2947

폭력행위등처벌에관한법률위반(공동강요)

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. According to the prosecutor's statements of the defendant A and the victim H and some statements of the co-offender I, who are co-offenders in the misconception of facts against the defendant B, even though the defendant B was fully aware of the fact that he forced the victim jointly with the defendant A and I as stated in the facts charged against the defendant B, the court below erred in the misapprehension of facts on the grounds that there was no proof as to the facts charged against the defendant B

B. The sentence imposed by the court below on the above defendant A on the ground of unfair sentencing (ten months of imprisonment) is too unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts as to Defendant B

A. The summary of the facts charged against Defendant B was committed by Defendant A and I by the Dong Dong K of the head of Incheon E-Gu before the indictment was filed, who received a written application for a penalty for F from the head of G District Land Partition Association H, the injured party, and agreed to grant a right to interest in construction works within the jurisdiction of E, under the pretext of expenses, for the purpose of 30 million won and E.

Defendant

B The Defendant I and I conspired with the victim to receive an application for no punishment from the victim. On March 2012, 2012, the Defendant I, along with the Defendant A and I, found to be the office of the G District Land Partitioning Association in Incheon E, according to the above conspiracy, and I showed the victim about one hour, and the Defendant A stated to the effect that “the victim will write an application for no punishment under the name of the F E head,” and that “the victim will write an application for no punishment under the name of the association for the F E head,” and the victim will hear the statement that the resolution of the board of directors is required for the preparation of an application for no punishment under the name of the association from the victim, and the victim was removed from the office once again.

Since then, Defendant I and Defendant A received a written application for non-guilty punishment from the victim. Accordingly, Defendant B in collusion with Defendant A, I, K, J, and F, Defendant B in collusion with Defendant A, and Defendant A and I to have the victim sign the above written application for non-prosecution punishment.