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Reasons
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(영문) 광주지방법원 2017.06.21 2016노3430
폭력행위등처벌에관한법률위반(공동공갈)등
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Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of Defendant A is too inappropriate.

B. In full view of the evidence submitted by the Prosecutor 1), the court below acquitted the Defendants on this part of the facts charged, although the Defendants jointly detained the victim L and inflicted bodily injury on the victim K, and the court below acquitted the Defendants on this part of the facts charged. The court below erred by misapprehending the legal principles.

2) The lower court’s sentencing against the illegal Defendants is too uncomfortable.

2. Determination

A. 1) The Prosecutor’s argument that the Defendants were guilty of the facts alleged in this part of the facts charged is against the Act on the Punishment of Violences, etc. against Victims L (joint confinement). The Defendants were married couple, and G (Defendant B’s words), H, I, and J were stuffed with K, etc. at the gambling place operated by the Defendants.

People are the people.

Defendants were stuffed in the gambling place that they opened.

K and the victim L, as the victim L, engaged in fraud;

In light of the above, K et al. received a confession from K et al. to commit fraud, and by threatening K to receive money as compensation for damage, and on June 14, 2015, at the house of the Defendants in Shhh City around 14:00 on June 14, 2015, K et al. committed fraud.

When explaining the gambling along with K, the location was known, the entrance of the gambling room was opened, and the entrance was requested.

On June 14, 2015, the Defendants called H to the 505 Moel 505 L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L, L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L L

Afterwards, the Defendants and G enter the main entrance door by opening H 505 and opening it into the 505 door, and Defendant B expressed to K “I h.h. h. l. h. l. l. l. l. l. l. l. l. l. h. l. l. h. l. l. h. l. k

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