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(영문) 서울중앙지방법원 2013.12.12 2013노2976
폭력행위등처벌에관한법률위반(공동공갈)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant did not jointly cooperate with the victim, and the payment of the victim was either related to or under business.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination:

A. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined as to the assertion of mistake of facts: (1) the defendant sought from an investigative agency parts related to himself and C, and E (Article 42-45, 94, 97, 186, No. 46, 147, 150-151, 167, 182-184 of the Investigation Record) to receive KRW 199,000 from the court below (the first trial record and the trial record No. 27 pages); (2) C also stated to the effect that it conforms to the defendant's statement (No. 401-402 of the Investigation Record No. 406); (3) the defendant made it difficult to find that the victim made a statement that he would have received money from the defendant's office 2,500,0000 from the defendant's office (the defendant made a statement that he would have no more than 2,500,000).

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