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(영문) 인천지방법원 2014.05.15 2014노832
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since misunderstanding of facts and misunderstanding of legal principles, D, C, and E, the victim of the crime of the crime of the public conflict in this case, together with the defendant, conspiredd to commit fraud against A and acquired money from A through this, and the crime was committed by fraud. The judgment of the court below which found the defendant guilty of gambling among the facts charged is erroneous in misunderstanding of facts and misunderstanding of legal principles.

B. The sentence imposed by the lower court on the Defendant (one year of imprisonment and one million won of fine) is too unreasonable.

2. Determination

A. According to the statement of a witness at the trial prior to the remanding of the case and the evidence duly examined and adopted by the court below as to the assertion of mistake of facts and misapprehension of legal principles, it can only be acknowledged that the defendant committed fraud against A in collusion with C, D, and E as stated in the judgment of the court below. Thus, it cannot be acknowledged that the defendant committed fraud against A (C is a public official of N in the police and there are only one participant except A, and the remaining participants except A, and the defendant stated that he was drinking a drug, but the defendant did not have made a statement to the effect that he acted in collusion with any other specific contents, but the defendant did not have made a statement to the effect that he was intended to use the card in the crime to commit a crime to be committed in clothes, and the defendant did not make a statement to the effect that he used it in gambling or conspired with the victims, or that he did not have any other reason to believe that the defendant and the victims did not have any specific taxes before and after gambling.

B. As to the allegation of unfair sentencing, the crime of the instant public conflict is under the limited plan prepared in advance.

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