beta
(영문) 서울북부지방법원 2018.11.13 2018노910

공갈등

Text

The judgment below

Among them, the part concerning the 1-A, Ma and 2-2 of the judgment with respect to Defendant A.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) Evidence proving the facts charged of the crime No. 1 of the judgment of the court below is only the victim's statement, and the victims are in conflict of interest with the defendant, and it is difficult for them to believe the statement as it is.

Even if the defendant made a statement as stated in the facts charged, the victims got frighten money at the same end.

It is difficult to see it.

B) The Defendant, at the time of committing the crime, did not have been at the scene and was contacted by the AU, the spouse of P, and did not participate in or conspired to commit the crime at all.

Even if the defendant was at the site, there was no conspiracy or communication with the executive officers such as U.S., so the defendant cannot be held liable for the principal offender.

C) The fact that the Defendant also inflicted an injury on X as to the special injury of Section 2-B of the crime of the lower judgment as indicated in the lower judgment is recognized.

The Defendant, who appears to be a tree at the site of the instant case, cannot be concluded to be a dangerous object when he saw X at the site of the instant case.

D) The lower court rendered a not-guilty verdict of the charge No. 3 of the crime alleged in the lower judgment, but found the Defendant guilty of the attempted crime of the crime No. 4 of the lower judgment.

D’s statement is hard to acknowledge credibility, and the submitted evidence alone is not sufficient to consider the facts charged.

It is difficult to see it.

E) No. 5-B of the facts constituting the crime of the lower judgment, the Defendant did not have committed any deceitful act to receive business compensation.

The defendant is merely a receipt of compensation according to the exercise of discretionary power of the Z corporation that decided to pay compensation to the primary tenant, and there is no fact that the promotion committee of the Z corporation or the damaged person who has committed the act of disposal.

. his own;