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(영문) 부산지방법원 2018.06.29 2018노592
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found Defendant B guilty of this part of the facts charged, although there was no fact that Defendant B had attempted to attract money by threatening the victim. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. Illegal sentencing (the Defendants) committed by the lower court (a fine of 5 million won) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding Defendant B’s assertion of mistake of facts, Defendant B, in collaboration with the co-defendant A, E, etc. as stated in the lower judgment, tried to threaten the victim as if the victim would cause harm to sexual traffic unless the victim would give notice of the price for sexual traffic, thereby passing 200,000 won out of the victim’s sexual traffic as the price for sexual traffic, but the victim did not reach the wind of 112 report to the police, and did

Therefore, Defendant B’s above assertion is without merit.

B. Compared to the first instance court’s determination on the Defendants’ unfair assertion of sentencing, there is no change in the conditions of sentencing, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the lower court’s judgment on the grounds that new materials for sentencing have not been submitted in the trial and that there was no change in the conditions of sentencing compared to the lower court’s judgment on the grounds that each of the sentencing of the lower court was too excessive and exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the above assertion by the Defendants is without merit.

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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