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(영문) 제주지방법원 2018.10.11 2018노392

공갈

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine or misunderstanding of facts, although the Defendant, at the time of the instant case, threatened D Co., Ltd., L Co., Ltd., U., U., or Z Co., Ltd. and did not collect money from the said Co., Ltd., thereby adversely affecting the conclusion

B. The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant is found to have received money from the damaged company under the name of compensation, etc. due to occupational accidents. The defendant's act constitutes a crime of public conflict because the defendant, as stated in the facts of the crime of the court below at the time of the case, filed a civil complaint or an action against D, L, stock company, U, U, or Z (hereinafter "victim") with the ordering office or the administrative office, etc., and the defendant received money from the damaged company under the pretext of compensation, etc. for occupational accidents. The defendant's act was notified of harm and injury to the damaged company by the method of filing a civil petition, etc., and then he collected money from the damaged company by taking part in the exercise of rights from the drinking damaged company. Thus, the defendant's mistake or misapprehension of legal principles on different premise

B. In full view of the various circumstances, which are the conditions for sentencing as shown in the instant case, the sentence imposed by the lower court is too unreasonable, and thus, there is no reason for the Defendant’s wrongful assertion of sentencing (Provided, That the lower court appears to have omitted the entry of “general executive director” in the “P” in the first, second, and third, the “P” in the first, second and third parallel parallel parallel parallel parallels No. 19,20 of the lower judgment, and “W” in the fourth, 15, and 17 parallels on the fourth, third, and fifth, and “AD” in the fifth, fifth and third parallels of the “victim” in the second, third, nine parallels of the Criminal Procedure Act.