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(영문) 대구지방법원 2018.11.23 2018노1484

공갈

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1 and misunderstanding of the legal principles do not have any fact that Defendant A received advertising fees by threatening the victim K, and Defendant B attempted to attack the victim P to collect advertising fees, but did not have any fact about attempted crimes.

Nevertheless, the judgment of the court below which found the Defendants guilty is erroneous in the misunderstanding of facts and misunderstanding of legal principles.

2) The punishment sentenced by the lower court to the Defendants (Defendant A: a fine of 5 million won, Defendant B: a fine of 3 million won) is too unreasonable.

B. Comprehensively taking account of the evidence submitted by the prosecutor 1) the fact that Defendant B conspiredd the victim C as stated in the facts charged and received the remittance of KRW 1 million to the L bank account in the name of D Co., Ltd.

Nevertheless, the judgment of the court below which acquitted Defendant B of this part of the facts charged is erroneous as a matter of fact.

2) The above sentence, which the court below committed against the Defendants, is too unhued and unfair.

2. Determination

A. Comprehensively taking account of the following circumstances revealed through the evidence duly adopted and investigated by the lower court and the first instance court’s judgment, Defendant A conspired with the victim K to transfer KRW 1 million to the Defendant Company D’s account. Defendant B attempted to attack the victim P and receive advertising fees, but the same is sufficiently recognized.

Therefore, the court below's finding the defendant guilty of the facts charged is just, and there is an error of law by misunderstanding facts and misunderstanding of legal principles.

subsection (b) of this section.

Therefore, this part of the Defendants’ assertion is without merit.

(1) Intimidation as a means of the crime of threat means the threat of harm and injury likely to be frighten to the extent that it limits the freedom of decision-making or interferes with the freedom of decision-making, and the threat of bad faith shall be made by the method specified.