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(영문) 서울중앙지방법원 2018.04.12 2017노4068
폭력행위등처벌에관한법률위반(공동공갈)등
Text

[Defendant A] The part of the lower judgment against the Defendant is reversed.

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendants (1) Sentencing Sentencing: The sentence of imprisonment with prison labor for 2 years, seized evidence Nos. 2 and 3 (a general list of seized evidence No. 2980) of the Seoul Central District Public Prosecutor’s Office) is too unreasonable.

(2) Defendant B1’s misunderstanding of the facts or misapprehension of the legal doctrine is not a conspiracy with Defendant A (hereinafter “A”) on April 25, 2017 of the crime No. 3920, which was indicated in the first instance judgment, on April 25, 2017, on which Defendant A (hereinafter “A”), etc. committed the crime of fraud and violation of the Electronic Financial Transactions Act (hereinafter “the crime of April 25”), and even if unlike this, the crime was merely an aiding and abetting A’s criminal act without functional control, and constitutes a crime of aiding and abetting and abetting A’s criminal act without any functional control, and the crime of aiding and abetting and abetting A’s criminal act of May 18, 2017, which was listed in the first instance judgment No. 3920, Apr. 18, 2017, and thus, the lower court found Defendant 1 not guilty.

2) In light of the degree of participation of the criminal defendant in sentencing, the punishment of the first instance judgment (one year of imprisonment) is too unreasonable.

(3) Improper sentencing of Defendant C: The punishment of Defendant C’s original adjudication (10 months of imprisonment) and the punishment of Defendant C’s adjudication (3 million won of punishment) are too unreasonable.

(4) Defendant D1 did not err in the misapprehension of the legal principle, or the Defendant did not keep a medium of access to an enterprise bank account under the name of BA as stated in the first instance judgment, 2017 order 3920, which was held in the judgment of the court below, and the part that 6 million won was remitted to and acquired through the above account was remitted to the above account was committed without a public offering, but the judgment of the court below was erroneous in finding the Defendant guilty of all of the charges against the Defendant.

2) The sentence of imprisonment with prison labor for not less than one year and six months, confiscation of seized evidence Nos. 6 through 17 (the total list of seized evidence No. 2980 of Seoul Central District Public Prosecutor’s Office)), and the sentence of the original adjudication [a sentence of imprisonment with prison labor for not less than one year and six months, and a sentence of imprisonment with prison labor for not less than four original rulings.

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