(영문) 대구지방법원 2017.01.25 2016노4859 | 리걸엔진

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(영문) 대구지방법원 2017.01.25 2016노4859

폭력행위등처벌에관한법률위반(공동공갈)등

Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (a long-term one year and ten months of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (as to the Defendants’ violation of the Punishment of Violences, etc. Act (joint conflict) by each of the Defendants), Defendant B threatened himself with Defendant A three times at the police station.

The victim made a consistent and concrete statement, and it is difficult to understand the background of reversal of the statement in the prosecutor's office and court of the court below, and the contents of the victim's intimidation made by the police are unreasonable or inappropriate for the crime of extortion.

In light of the fact that Defendant A and Defendant B have agreed with the victim, Defendant B also received and used a credit card by threatening the victim with Defendant A.

Although it is reasonable to view this part of the facts charged, the court below rendered a not-guilty verdict. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2) The sentence sentenced by the lower court to Defendant A (a long-term of one year and ten months in prison) is too unfortunate and unfair.

2. Determination

A. Examining the evidence of this case as to the prosecutor's assertion of mistake of facts in detail in light of the records, the court below is just in finding that part of the victim's statement made by Defendant B to investigative agencies, which corresponds to each of the facts charged, is difficult to believe, and it is not sufficient to recognize it solely with the agreement, and there is no other evidence to acknowledge it, and the court below acquitted the defendant of each of the facts charged, as alleged by the prosecutor, and there is no error of misconception of facts as alleged by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.

B. The sentencing of the above defendant A and the prosecutor is unfair.

참조조문

-폭력행위 등 처벌에 관한 법률

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