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(영문) 대전고등법원 (청주) 2016.03.31 2015노134
특정경제범죄가중처벌등에관한법률위반(공갈)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1’s misunderstanding of facts) The grounds for appeal against the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Bribery) are as follows: ① Part of the A Q low attached to I’s I’s written application and the above written application, and each copy of the Han Jin newspaper’s written application are inadmissible pursuant to Articles 313(1) and 310-2 of the Criminal Procedure Act, but the lower court determined that the attempted to commit an offense based on the above evidence was established, and it was due to the violation of the rules of evidence.

(2) The defendant has no record of intimidation as stated in the facts charged.

B) The Defendant asserted the grounds for appeal as to the violation of the Fair Debt Collection Practices Act and did not have expressed any desire or assault to P in relation to the debt collection as described in the facts charged.

2) The sentence of the lower court’s unfair sentencing (a three-year imprisonment, a four-year suspension of execution, and a two hundred-hour community service order) is too unreasonable.

B. Regarding the violation of the law on the fair collection of claims against D and E, since the above victims have reversed their statements in the court of original instance due to the fear of retaliation against the defendant, the defendant's reply, etc., it is sufficiently recognized that they are guilty in light of the statements made by the investigative agency of the above victims.

② In relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, since the victim prepared a written contract by continuous intimidation of the defendant and delivered KRW 500 million, the above crime is established.

2. Determination:

A. Before the judgment on the grounds for appeal by authority is made, the prosecutor shall, in the judgment of the court, remove the wall, glass, and lighting in lieu of the principal and interest 50 million won in the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Gong) in the judgment of the court, and shall prevent the prosecutor from running his/her business on behalf of the funeral hall if he/she fails to repay the principal and interest 50 million won in lieu of the principal and interest .

“C”

The sum of the principal and interest paid by H is KRW 550,000,000.

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