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(영문) 의정부지방법원 2015.09.09 2015노833

폭력행위등처벌에관한법률위반(공동공갈)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant: (a) misunderstanding of facts by the request of AH, only opened a Zphone through the Z; (b) there was no evidence that the Defendant used the mobile phone that the Defendant opened; (c) there was no evidence that the Defendant used the mobile phone near X 201; (d) the Defendant did not participate in the accomplice’s criminal conspiracy around August 22, 2014; and (e) there was no fact that there was no distribution of criminal proceeds from the instant crime.

The Defendant, upon contact with J on September 1, 2014, committed a fact between Embrates following Emboodong in Seoul, Jung-gu, Seoul, but at this time L was cut off and talked about L, and returned to that effect after division (the grounds of appeal that the above accomplices requested to take part in the instant crime, but the grounds of appeal that the Defendant prepared and submitted were stated to the effect that they refused to take part in the instant crime). There was no fact that the Defendant participated in the instant crime.

Nevertheless, the court below found the defendant guilty of the facts charged in this case based on the statements of P, J, N, Q, and L without credibility. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

(2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. (1) The lower court’s determination on the Defendant’s assertion of mistake of facts is the fact that: (a) the Defendant stated the facts involved in the instant crime, such as P, J, N, Q, and L, and each of the above accomplices’s statements are in accord with the overall statements; (b) the mobile phone opened in the name of AA appears to have been used for the instant crime by P; (c) the Defendant was holding a meeting in advance with women and accomplices who participated in the instant crime on the day of the commission of the crime; and (d) according to the Defendant’s vindication, the above accomplices are under the command of the Defendant.