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(영문) 서울중앙지방법원 2017.07.14 2017노454

공갈미수등

Text

The judgment below

Part concerning Defendant A and C shall be reversed.

Defendant

A Imprisonment with labor for two years, and for one year, for Defendant C.

Reasons

1. Summary of grounds for appeal;

A. Defendants A (A) misunderstanding the facts and legal principles on Defendant A) 1 cited them as grounds for appeal by misunderstanding the facts and misapprehension of the legal principles, and the misapprehension of the legal principles on intimidation by the court of the original instance, which erred by misapprehending the legal principles on intimidation in the crime of extortion, and thus, can be seen as a whole as a misunderstanding of facts.

The facts are examined together with the misunderstanding of legal principles.

(1) Defendant A, upon Defendant A’s request by Defendant B and C to commit rapes from K, and it is difficult for Defendant C to talk with the Republic of Korea behind the organized violence vessel. As such, Defendant A was involved in negotiations in accordance with the request to the effect that it was difficult for the victim to take part in the negotiations, and in fact, the victims did not feel any fear of organized violence. Therefore, Defendant A threatened the victims.

shall not be deemed to exist.

In addition, there is no fact that there is a demand for the specific agreement on one side of the victim, and the Z seems to talk with the defendant B and C to present the amount first.

It was merely a correct answer, and there was no attempt to take property over.

(2) According to the delegation by AR, Defendant A provided a benz car as security and borrowed money from the victim AD in lieu of the act of borrowing money, and the victim was also aware of such circumstances.

B) The punishment of the lower court is too heavy.

2) In fact, Defendant B was aware of the fact that he was suffering from organized violence on L high-rise L, and the Defendant B was asked to assist the Defendant A. The subsequent negotiation process was led by Defendant A and presented an excessive amount without consultation with Defendant A. There was no participation in Defendant A’s attempted attack.

B) misunderstanding of legal principles (1) Defendant B related to the commencement of enforcement agreement.