logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.01.17 2019노1596
공갈
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant of mistake of facts committed an act of receiving F's membership fees or monthly membership fees from the victims stated in the facts charged, the amount and the period of the money actually received by the victims are different from those stated in the facts charged.

In addition, as stated in the facts charged, the defendant was under the protection of E, two items D, as stated in the facts charged, and there was no fact of demand and intimidation for cash payment to the victims, and all received money used for F's activities.

Nevertheless, the judgment of the court below that judged otherwise and convicted all of the facts charged is erroneous in misconception of facts.

B. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, especially the victims, M, K, N,O, L's statutory statement in each court below and the written statement by the prosecutor's office of the victims G (each of the above statements or written statements is consistent and specific in the overall part, its contents are consistent with each other, as well as its contents are considerably consistent with the witness's written statement of the court below that the defendant was entitled to the monthly membership fee, etc., and all of them are credibility), the defendant is acting as the chairperson of the organization "F" created at will in C as stated in the facts charged, while the defendant acts as the chairperson of the organization "F" that is "F" created at will in C, as stated in the facts charged, to demand the above victims who are the owners of commercial sex acts, and will be unable to operate the business normally, and therefore, it is sufficiently recognized that the defendant received money from each victim as stated in the facts charged.

From this point of view, the judgment of the court below which found the defendant guilty of the facts charged is just and acceptable, and there is a mistake of fact, such as the defendant's assertion.

arrow