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(영문) 청주지방법원 2016.08.11 2016노497
폭력행위등처벌에관한법률위반(상습공갈)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. With regard to the facts of the crime of misunderstanding the legal principles or Articles 1 through 6, and 8 through 10 of the facts stated in the judgment below, a traffic accident occurred by the negligence of the victims rather than intentionally causing a traffic accident, and the defendant does not receive an amount of agreement by assaulting or threatening the victims, and received an amount of agreement within the scope acceptable in light of social norms, and thus, the crime of attack is not established.

In addition, with regard to the criminal facts No. 7 of the judgment below, there is no fact that the defendant received KRW 370,00 from the PC operated by AE on October 2014 or by threatening the victim.

Nevertheless, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine that found Defendant guilty of each of the charges, thereby adversely affecting the conclusion of the judgment.

B. The court below's improper sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court’s determination on the credibility of the statement made by the witness was clearly erroneous in light of the content of the lower judgment’s relevant legal doctrine and the evidence duly examined by the lower court.

Unless there exist special circumstances to view that maintaining the judgment of the court below on the credibility of a statement made by a witness of the court below is clearly unfair, or in full view of the results of the examination of evidence and the results of additional examination conducted until the closing of oral argument at the appellate court, the appellate court shall not arbitrarily reverse the judgment of the court below on the first instance solely on the ground that the judgment of the court below on the credibility of a statement made by a witness of the court below is different from the judgment of the appellate court (see, e.g., Supreme Court Decisions 2011Do5313, Jun. 14, 2012; 2010Do827, Oct. 14, 2010). 2)

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