(영문) 서울서부지방법원 2018.01.11 2017노860

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(영문) 서울서부지방법원 2018.01.11 2017노860

공갈등

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of fact-finding, even though the defendant was found to have taken 3.9 million won, such as the victim's list 1.4 times in the crime list attached to the judgment below, the court below found the defendant not guilty of this part of the facts charged, by misunderstanding the facts.

B. The sentence of the lower court’s unfair sentencing (two years of suspended sentence in August) is deemed to be too unfortunate and unfair.

2. Determination

A. A. The determination on the assertion of mistake of fact (1) The summary of this part of the facts charged is as follows: (a) the Defendant heard the awareness of the victim C’s marriage with D and received money from the victim’s past victims of illegal sports gambling; and (b) on September 28, 2012, the victim’s work site, published a notice on the O2-year sports club website “C is a blicker, and is a person holding illegal sports discussions” several times; and (c) by threatening the victim C to “a person holding illegal sports discussions”, the Defendant received KRW 3,90,000 from the victim C, who received money from the victim C in the vicinity of the Q2 located in P of Seodaemun-gu Seoul, for a period of four times in cash, i.e., the daily list of crimes 1 to 3,90,000 won.

(2) The lower court rendered a not-guilty verdict on this part of the facts charged on the following grounds.

In light of the following circumstances admitted by the evidence duly admitted and investigated by the court below, the evidence alone submitted by the prosecutor that the defendant received 3.9 million won additional cash delivery was proved to the extent that this part of the facts charged is beyond a reasonable doubt.

It is difficult to see otherwise, and there is no evidence to prove the facts charged.

C with the statement of C, on February 2012, 2012, the Defendant changed the amount of KRW 10 million out of the amount of information paid to C for illegal sports gambling, and C paid the total amount to the Defendant including this part of the charges.

Since the claimed KRW 1,280,000 is much more than it, C is added.

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