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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원 2013.03.21 2012노2403
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time when misunderstanding of facts C prevents victims from getting out of the D’s house, the Defendant did not participate in it, and was in another room at the time when he received KRW 10,00 from the victim G, and only told the victim G to the effect that C would make a cash due to the non-payment of the amount, and that 10,000 won was not received by confinement of victims or intimidation of the victims, the lower court convicted all of the facts charged of this case. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The lower court’s sentencing (four months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court of first instance on the assertion of mistake of facts: (i) the victim G, from the police to the court of first instance; (ii) the victim G made a statement to the victim G who seeks to leave the house of this case, stating that the defendant was "B" as the victim G to leave the house of this case; and (iii) the victim H made a concrete and consistent statement about the situation at the time of this case; (iv) the victim H et al., from the police to the court of court of first instance, the defendant called D as the victim at the time of this case to lock the door; and (iii) the victim G made a consistent statement from the victim G at the time of this case to the victim's house to the effect that "the victim gave money" was asked to the victim at the time of this case; and (iv) the defendant was admitted to the purport that the victim gave money to the victim at the time of this case, and did not appear to be identical to C et al. at the time of the crime.

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