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(영문) 대전지방법원 2013.12.19 2013노1486

공갈등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. On June 17, 2013, the defendant filed an appeal against the judgment of the court below against the defendant on June 17, 2013, and on July 9, 2013, the facts that the defendant did not submit the statement of appeal within 20 days from the date on which he/she received the notification of the receipt of the trial records and the written notice of the appointment of a public defender from this court on July 9, 2013 are clear and clear (the defendant filed the statement of appeal through a public defender after the submission period), and the petition of appeal does not contain any reasons for appeal, and even after examining the records, no reason for appeal can be found ex officio. Thus, the defendant's appeal shall be dismissed by decision pursuant to Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act. However, as long as the court declares the prosecutor's

2. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by a mistake of facts-finding prosecutor, the court below acquitted the defendant of this part of the facts charged, although the defendant could sufficiently recognize the fact that he had threatened G and I, the principal restaurant's office, etc. to report to the Gu office, etc., and the court below acquitted him of this part of the facts charged. The court below erred by misunderstanding the facts, which affected

B. The penalty of KRW 2,00,000, which was sentenced by the lower court of unreasonable sentencing, is too uneasible and unreasonable.

3. Determination

A. According to the evidence duly adopted and examined by the court below on the assertion of mistake of facts, G is recognized as having delivered KRW 2.7 million to the defendant two times, but G is recognized as having been based on the above evidence, if the defendant found the business places in the PP and reported the illegal business.