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(영문) 대구지방법원 2019.01.09 2018노3160

공갈등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two months of imprisonment, two million won of additional collection) is too unreasonable.

(F) 2.2

1) In light of the following, the document that contains a statement in L’s investigation agency as to a misunderstanding of facts against L’s official seal, evidence is admissible in accordance with Article 314 of the Criminal Procedure Act, and comprehensively taking account of L,O, and P’s credibility, the Defendant’s attacked L’s KRW 5 million.

B) Comprehensively taking account of the statements of T, W, and Z with credibility of the violation of the Attorney-at-Law Act around October 2013, the fact that the Defendant received KRW 3 million under the pretext of solicitation or good offices in connection with S’s criminal cases. 2) The sentence sentenced by the lower court of unreasonable sentencing is too uneasible and unfair.

2. Judgment on the prosecutor's assertion of mistake of facts

A. On March 24, 2016, the summary of this part of the facts charged alleged that the Defendant made a false report on the fact that he/she engaged in sexual traffic at L's business establishment around March 24, 2016, and received KRW 5 million through O and P by entering into force L. 2) The Defendant alleged that this money was an agreed amount for an assaulted by L. The Defendant’s statement in L's investigation agency constitutes a case where L is unable to make a statement on the date of trial because L's whereabouts is unknown or for any other similar reason, but it is difficult to view that such statement was made on the date of trial, and the admissibility of evidence is dismissed on the ground that it is difficult to view that the statement was made on the date of trial. After examining L's and P as a witness, the Defendant found it difficult to believe and held that O and P were not guilty of this part of the facts charged on the grounds that there is no other evidence to acknowledge this part of the facts charged.

3) The Criminal Procedure Act provides that a prosecutor or a senior judicial police officer shall make a statement to a person other than the defendant, or a written statement prepared in the course of investigation by a person other than the defendant.