폭력행위등처벌에관한법률위반(상습공갈)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Although the Defendant did not take money by threatening the victims, the lower court found the Defendant guilty of the facts charged of this case. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The punishment sentenced by the lower court (2 million won) is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the prosecutor examined the facts charged in the instant case at the time of the trial, and the prosecution applied the applicable law to “Habitual Assault” as “Article 2(1)3 of the Punishment of Violences, etc. Act and Article 350(1) of the Criminal Act,” which read “Articles 351 and 350(1) of the Criminal Act” as “Article 351 of the Criminal Act” and “Article 350(1) of the Criminal Act,” and this court’s permission, thereby changing the subject of the judgment against the Defendant. In this respect, the lower judgment is no longer maintained.
B. We examine the judgment of the court below on the assertion of mistake of facts since the defendant's assertion of mistake of fact is still subject to the judgment of the court.
The following circumstances revealed by the evidence duly adopted and examined by the lower court, namely, ① Victim H and Q, consistently from the investigative agency to the lower court’s court’s trial, to the G Gameland operated by the Defendant on January 1, 2015 by the Defendant at the Seocho-gu Busan National Assembly on the ground of the following circumstances:
The head of a department shall go to her;
At the long time, the "brea value or a more address" refers to the "brue and address", and if the finish is not based on one's own demand, the above victim was frightened and 30,000 won against the defendant by threatening the illegal exchange of the entertainment room to the police, and the victim Q in the P entertainment room located in the Southern-gu Busan, Busan, and on December 2013 and October 2014, "50,000 won is nonexistent."