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(영문) 인천지방법원 2013.05.31 2011노282 (3)
폭력행위등처벌에관한법률위반(공동공갈)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of the prosecutor's grounds for appeal;

A. The acts of violence, such as the violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) committed by the CP as stated in this part of the facts charged, is an act of violence, which is an employee of the CP, which is a violence organization, and the Defendants, such as the CP, shall be deemed to have been involved in the above crime immediately next to that of separate co-defendant F and G so that the CP can commit such a crime. Accordingly, the testimony of the victim'sO in violation of the above provision is false for the defendants and the above co-defendant, and thus, the facts charged in this part of the facts charged are also found guilty, which affected the conclusion of the judgment.

B. In the case of violation of the Punishment of Violences, etc. Act (joint conflict), the victim CS, witness CT, and CU police and prosecutor's statements are consistent and specific, and they are sufficiently reliable. The testimony made in the case of the CS, CT, and CU 209Kadan2658 at the Incheon District Court Decision 2009Kadan2658, there is no credibility because it is difficult for the victim to obtain it formally, and the victim CS to have no reason to face alcohol over several occasions, which is objectively separated from the Defendants, the victim shall be deemed to have received from the Defendants and the above co-defendants with no choice but to have received a threat from the organized violence, and to have received a free drinking without charge, but the court below erred in the misapprehension of facts leading to the conclusion of the judgment, which affected the conclusion of the judgment.

2. Determination

A. On July 3, 2008, at around 06:30 of the summary of the facts charged in this part of the charges, C Q, a domestic violence organization of Incheon District, is the organization of "Tropo-pathm wave", which is the organization of "Teo-gu", a domestic violence organization of the Incheon District, where the Defendants and co-defendant F, who are separated from the Defendants, drink F, and Q are drinking together with the CP and Q.

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