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(영문) 대구지방법원 2016.07.22 2016노2162

폭력행위등처벌에관한법률위반(공동공갈)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts, although the defendant did not receive money from the owner of the entertainment room only after receiving a return period of 10 to 20% of the amount lost by the defendant.

B. The punishment of the court below is unfair as to each of the crimes in paragraph (1), (b) and (c) of the same paragraph of the judgment of the court below (as to each of the crimes in paragraph (1) 1, 2, 1 or 18, 6 months, 3 or 4, 19, 19, 19, 19, 19, 19, 19, 2 or 22, 5 or 6, 5 or 6, 10, 200, 200, 200, 23 or 32 of the list of crimes in paragraph (2) of the judgment of the court below as to each of the crimes in paragraph (2) of the judgment of the court below.

2. Determination

A. The following circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, namely, ① the victims who appeared in an investigative agency and made a statement that corresponds to the facts charged of the instant case are deemed to be reliable, and ② the victims, who operated their entertainment rooms in Busan and other places, made a false statement to the same effect that are disadvantageous to the Defendant.

It is difficult to see that the accomplice I of the crime No. 1-B of the judgment of the court below committed the crime jointly with the defendant at an investigative agency. The facts that the defendant was convicted of the crime, and the defendant was found guilty of the crime. ④ The defendant denied that there was no simple confession in the amusement room as stated in the facts charged in the crime in this case. The court of the court of the court below led to the confession of all the crimes in this case, and there was no threat as to the grounds for appeal.