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(영문) 전주지방법원 2018.05.24 2017노1446
공갈
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles, the Defendant is not likely to delay the payment of KRW 300 million for the agreement that the J and H shall pay to the Defendant, as the case may be, to the Defendant, by cooperating with the Defendant in purchasing and obtaining the Defendant’s consent to use land by the limited company I from T which is the birth of the Defendant.

There is only a fact that he received money twice as a honorarium, and there is no fact that he received property by putting H in good faith as shown in the decision of the court below.

B. The sentence of the lower court (an amount of KRW 5,00,000) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court as to the assertion of misunderstanding of facts or misapprehension of the legal doctrine, the lower court’s judgment that found the Defendant guilty of the facts charged in the instant case is justifiable. In so doing, it did not err by misapprehending the legal doctrine on mistake of facts

Therefore, this part of the defendant's assertion is rejected.

① The victim consistently refused to pay KRW 300 million to the Defendant, a limited liability company I’s transfer business entity, from the investigative agency to the court of the court below, and the Defendant’s search at the construction site and interfered with the gathering of earth and stones on several occasions, thereby threatening the victim’s business over several occasions, and actually filing a civil petition for military viewing and listening, etc., and stated that the victim interfered with the victim’s business and delivered money twice to the Defendant. The victim’s statement corresponds to the J and L’s statement.

② The Defendant is entitled to receive KRW 300 million from March 2, 2014 to October 2015, the agreement that a stock company D shall pay to the Defendant for verbal abuse and abusive language while visiting the military viewing forest department in a large voice, while doing so.

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