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(영문) 대구지방법원 2012.06.15 2011노2542
공갈등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a year and six months and by a fine of 2,00,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. Error of facts or misapprehension of legal principles (1) Item 1 of the facts charged in the judgment of the court below: the defendant did not receive goods from the victim D, and thus, the court below found the defendant guilty of this part of the facts charged without any misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion

(2) The facts constituting the crime of Articles 2 and 3 and 2009KaMa278 as stated in the judgment of the court below: although the defendant had expressed a desire to the victim H, the court below found the defendant guilty of each of the facts constituting the crime of Articles 2 and 209 and 278 as stated in the judgment of the court below, the court below erred by misapprehending the facts or by misapprehending the legal principles

(3) Paragraph (5) of the facts charged in the judgment of the court below: although the defendant did not know the victim D that "the victim knew about........", the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

(4) Criminal facts of the judgment below: The defendant did not have received goods by intimidation, and the defendant filed a complaint with the intent to have the defendant punished, despite the fact that the defendant did not have a long-term part of D, and the defendant filed a complaint with the defendant for the purpose of having the defendant punished, and the defendant also filed a complaint with the crime of false accusation. The judgment of the court below which found the defendant guilty even if the defendant did not establish the crime of false accusation, is erroneous in the misapprehension of facts or in the misapprehension of legal principles

B. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment and fine of two million won) is too unreasonable.

2. Service on a person arrested, detained or detained in a prison, detention house or detention room of a police agency ex officio prior to the judgment on the grounds for appeal by the defendant ex officio, shall be effected in a prison, detention house or detention house.

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