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(영문) 서울동부지방법원 2018.10.26 2018노591
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The defendant's appeal is dismissed.

Reasons

1. Reasons for appeal;

A. The Defendant was merely involved in each of the crimes of this case without intention and did not have the intention to commit the crime.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 3 million) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the victim F made a detailed statement on the role, speech, etc. of the Defendant consistently stated in the facts charged at the investigative agency, and the victim F made a statement in detail at each photograph, CD and investigation report (Evidence Nos. 27 through 46) up to the statement at each investigative agency of T and S, the victim F’s statement at the investigative agency is credibility.

In addition to the statements of the Defendant and AC and the court below, even though the Defendant did not seem to have prepared or conspired to commit each of the crimes of this case with A in advance, the Defendant committed each of the crimes of this case jointly with A with dolusent intent at least at the time of each of the crimes of this case.

It is reasonable to see that the court below erred by misunderstanding the fact that the court below found the defendant guilty of the facts charged in this case.

subsection (b) of this section.

B. According to the argument and record of the instant case’s determination of the unfair argument of sentencing, the lower court appears to have reasonably decided by fully considering the various sentencing grounds asserted by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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