(영문) 부산지방법원 2018.03.20 2017노4042 | 리걸엔진

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(영문) 부산지방법원 2018.03.20 2017노4042

폭력행위등처벌에관한법률위반(공동공갈)등

Text

The judgment below

The guilty part against Defendant B is reversed.

Defendant

B A person shall be punished by imprisonment of one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant A 1 borrowed KRW 10 million from H, the lower court found Defendant A 1 guilty of this part of the facts charged, the lower court did not err by misapprehending the facts. The lower court erred by misapprehending the legal doctrine.

2) The sentence of the lower court (the imprisonment of eight months and the suspension of the execution of two years) against an unfair defendant in sentencing is too unreasonable.

B. The lower court’s punishment against Defendant B (two years of imprisonment and additional collection of KRW 100,00) is too unreasonable.

(c)

1) Although the Defendants were frightened by the victim and 500,000 won from the victim, the lower court found the Defendants not guilty of this part of the facts charged. In so doing, the lower court erred by misapprehending the facts.

2) The lower court’s respective sentence against the illegal Defendants in sentencing is too unhued and unreasonable.

2. Determination

A. Determination as to Defendant A’s assertion of mistake of facts 1) This part of the facts charged is that the Defendant is a person who acts as the adviser of “F”, who is a violent organization that is a force-based force-based force-based group of F.

From around December 2013, the Defendant: (a) sought the head of H’s wife I and the victim J (the age of 51 at the time, 51) game room from the second floor of the G of the Geum-gu G in Busan to Dong business; (b) requested H to lend KRW 10 million to H; and (c) transferred the above facts to the victim; (d) the victim was aware that he was a organized violence in the past; (b) the Defendant was aware that he was a organized violence in the past; and (c) the Defendant returned to the said store by accompanying two male and female members who were infinite on the same month, around the 25th day of the same month, around the 27th day of the same month with the name unfinited on the same day; (d) the Defendant was a large voice to have him see the above personnel affairs, and (e) the Defendant did not lend the above KRW 100,000 to the Defendant.

유사 판례

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