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(영문) 수원지방법원 2014.07.24 2014노908

폭력행위등처벌에관한법률위반(공동공갈)

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal is that the Defendants merely demanded the return of the expenses that they paid because the services of the entertainment reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception

(M) In addition, the sentence of the lower court against the Defendants (one year of imprisonment with prison labor) is too unreasonable.

2. Determination

A. The following circumstances found by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts: (1) The victims made a statement that is somewhat inconsistent with the defendants' detailed speech, but the investigation agency and the court below showed the defendants' attitude from the investigation agency to the court below that they reported the illegal act of singing, which means that they made a relatively consistent statement about the important facts that the victims were forced to return expenses; (2) The credibility of the statement can be recognized; and (3) if the healthy body body body defendants were able to report the fact that the services of the women's entertainment receptionist Board were not in mind and the victims were asked to refund expenses when they reported the illegal act, they can be found to have returned expenses against their will to the victims that they suffered physical harm or suffered business damage; and (3) the defendants were entitled to return expenses other than the money of this case.

B. The Defendants’ determination on the assertion of unfair sentencing is based on the same kind of crime as the instant crime.