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(영문) 광주지방법원 2016.05.25 2016노47
공갈등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A(1), Defendant A’s accusation was forged by the designation of an agent for the instant work, around the time the Defendant filed a complaint against the owner, contractor, designer, supervisor, work agent, etc. of 62 bonds of a building from July 17, 2013 to September 4, 2013 on the ground that the designation of an agent for the work under the name of the E organization (hereinafter “E organization”) was made (hereinafter “instant accusation”).

There were sufficient circumstances to doubt.

In addition, if the defendant reported false facts as a result, it contained incorrect contents in the data collected by the defendant for the accusation of this case, and causes some errors in the process of classifying and searching the above data.

In the end, there was no intention to report false facts to the defendant.

(2) As to the public interest, the Defendant received money from the victims under the pretext of the borrowed money, honorarium, etc., and did not take money by threatening the victims.

(3) As to the violation of construction justice, the Defendant directly reviewed and revised design drawings and specifications, and registered them in the “Sleepter”, a building administrative computer system, in relation to the construction of a multi-family house outside R and one other (hereinafter “R new construction”) and performed design and supervision.

B Preparation of design drawings necessary for R&D, but this is merely an assistance to the design and supervision of the defendant, and B did not independently perform architectural services using the defendant's name.

Therefore, the lower court erred by misapprehending the legal doctrine on the lending of name, thereby adversely affecting the conclusion of the judgment.

(4) The sentence of the lower court (two years and six months of imprisonment) which is unfair in sentencing is too unreasonable.

B. The design and supervision of Defendant B R is responsible for and performed by Defendant B R, and the Defendant only assisted A’s above duties.

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