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(영문) 춘천지방법원 2018.12.07 2017노1260
공갈
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court did not err by misapprehending the legal doctrine and misunderstanding the facts, and the victim, at his own will, gave 300,000 won or more to the Defendant. However, the Defendant’s intimidation, thereby paying 30,000 won or more to the Defendant.

The judgment of the court below is erroneous in the misunderstanding of legal principles as to the crime of mistake and attack.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in this part of the charge is as follows: (a) from June 25, 2016 to July 6, 2016, the summary of this part of the charge is as follows: (b) the Defendant was equipped with the machinery on the ground that the points of the charge are not good while the Defendant performed the “marine Open Game” game in the D Game Chapter of the Victim C (52)’s Operation on June 25, 2016 (52) in the Won-si and the third floor around June 25, 2016.

There is a problem.

The same shall apply to the operation.

“A large sound is to install an illegal game machine and exchange it.”

It is intended to close the business by reporting it to the police.

“In doing so, without giving money, it shows the same attitude as interfering with the business of avoiding disturbance in the game room or reporting it as illegal business. In other words, 50,000,000 won was provided from the person suffering from drinking, namely, a ccoin in the marine camping game, at around 10:00 on June 27, 2016. On July 10:0, 2016, only 10,000 won was provided from the injured by the same method in the above game room, and around 6:10:00 on July 6, 2016, 330,000 won was provided from the injured by the same method in the above game room, and 120,000 won was provided from the injured by the same method in total 4 times on July 6, 2016.

The facts charged in the indictment and the facts charged of the judgment of the court below are as follows: “A total of 390,000 won has been provided with 390,000 won and acquired financial benefits.”

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