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(영문) 광주지방법원 2013.07.19 2013노310
폭력행위등처벌에관한법률위반(공동공갈)교사등
Text

Of the judgment of the court below of first instance, the guilty part against the Defendants and the judgment of the court of second instance shall be reversed.

Defendant

A.

Reasons

1. Summary of grounds for appeal;

A. Defendant J (the part of the crime) (1) There was no fact that Defendant J misunderstanding the fact that: (a) at the time of the instant case, the Defendant J had instigated a joint compromise by stating to A, etc. that “the tea is a knife as”.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

(2) In consideration of the various circumstances against Defendant J of unreasonable sentencing, the lower court’s punishment (a fine of five million won) is too heavy.

B. When taking into account various circumstances against Defendant A (the part of the crime), each punishment of the lower court (the first instance judgment: the fine of KRW 5 million: the second instance judgment; the imprisonment of KRW 10 million; the suspension of execution of ten months; the community service work 120 hours) is too heavy (the Defendant A asserted that there was an error of mistake of facts against the lower judgment that found him guilty of the initial perjury and the violation of the Punishment of Violences, etc. Act (joint conflict), but the above assertion was withdrawn on the second trial date for the case of perjury, and on the fifth trial date for the case of violation of the Punishment of Violences, etc. Act (joint conflict).

In light of the prosecutor's (not guilty part against the defendant)'s written diagnosis of injury to the victim R and the details of actual hospitalization, it is sufficiently recognized that the victim suffered injury due to the same circumstance as the facts charged in this case.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in this part of the judgment on the grounds of appeal by Defendant J (the part of the charge) (1) is that “Defendant J caused the Victim R (50 years of age) to A, Q, etc. before the OP factory in front of the O P Co., Ltd., the Defendant J around February 16, 201, and caused the Victim R (50 years of age) to pay off the A and Q to pay off the said car and caused the A and Q to jointly join the said car from the victim.”

(ii).

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