beta
(영문) 수원지방법원 2016.10.20 2016노5380

공갈등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant did not assault or threaten the victim D, G, and I to drinking, and did not intend to make a full reimbursement to the victims, and thus there was no intention to commit a crime of extortion. Nevertheless, there was an error in the judgment of the court below that found the Defendant guilty of each of the charges of extortion. 2) As to each of the charges of interference with business of the instant case, the Defendant did not abuse his power, such as taking a bath at N’s restaurant and Qucomcing as stated in the facts charged of interference with business of the instant case.

Nevertheless, the judgment of the court below which convicted all of the charges of obstruction of business operations is erroneous in the misapprehension of facts.

3) As to the injury inflicted on the victim T on March 1, 2016, the Defendant was guilty of the facts charged in this part of the injury which the Defendant committed an injury to the victim’s U on January 8, 2016, on the following grounds: (a) although the victim T, in a sudden fashion of the victim’s hair, did not intend to intentionally commit the above victim’s head one time; (b) however, the Defendant was guilty of the facts charged; (c) there was an error in the misapprehension of the facts charged in the judgment of the court below regarding the injury inflicted on the victim U on January 8, 2016, although there was no fact that the Defendant had inflicted an injury in order to cause the victim U at the time of the instant case, the Defendant did not have committed an injury; (d) however, the court below erred by misapprehending the facts charged in this part of the injury.

5. As to the damage of property, the judgment of the court below convicting the Defendant of this part of the facts charged of the damage of property, notwithstanding the fact that the Defendant attempted to enter “S” at the time of the instant case, and the victim U prevented him from entering and pushed the Defendant, and the cellular phone used by the said victim was diminished, and the Defendant did not intentionally destroy the above banner, etc.,