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(영문) 창원지방법원 2013.07.18 2012노2587
폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that wife E, while the defendant was confined to prison, was threatened with the victim D, and it was threatened with the victim as stated in the facts of the crime in the judgment of the court below. However, it was excessive regardless of this, and the victim paid 3 million won to the defendant as part of the victim's remaining 13 million won out of the claim that the defendant had to receive from E, and thus, the court below found the defendant guilty of the facts of the crime of this case, which affected the conclusion of the judgment, notwithstanding the absence of causation between the above intimidation and the payment of money.

2. The judgment of the court below is based on the evidence duly adopted and examined, i.e., the following circumstances acknowledged by the court below: ① the victim testified from the investigative agency to the court of the court of the court below that “the defendant paid 10 million won to the defendant when he set excessive amounts from G inn, threatened the defendant with excessive amounts, threatened the defendant, and provided 3 million won to the victim as part of the defendant’s 100 million won demanded at the entrance of the king and threatened the defendant with intimidation. It does not mean that E paid money to the defendant. It does not correspond to the defendant, but did not give money to the defendant in the absence of the defendant’s intimidation.” In the court of the trial, the victim testified to the effect that “the victim paid 3 million won to the defendant with the money to be reduced to the defendant,” but the victim’s testimony from the court of the court of first instance to the consistent statement of the victim by the court of the court below is not excessive from the date of the court of first instance.”

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