(영문) 서울남부지방법원 2012.12.06 2012노774

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(영문) 서울남부지방법원 2012.12.06 2012노774

공갈미수등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The lower court acquitted the Defendant of this part of the charges on the following grounds: (a) based on a comprehensive consideration of not only the surface conflict relationship between the Defendant and the victim at the time of the instant case but also the status of the parties, the background leading to the instant case, and the Defendant’s past criminal records, etc., the lower court acquitted the Defendant of this part of the charges, in so determining.

(2) The sentence of the judgment of the court below on unreasonable sentencing (2 million won of fine) is too uneased and unreasonable.

B. (1) The lower court erred by misapprehending the legal principles on the facts as follows.

(A) On March 24, 2011, the Defendant: (a) demanded damages equivalent to the cost of repairing vehicles damaged by failure to manage the victim D’s building; and (b) did not mean that the Defendant would publish and file a complaint on embezzlement of the cost of managing the commercial building without creating an exclusive parking lot that can only be parked by the Defendant.

(B) The content contained in the form of a sign put up by the Defendant on the front delivery is not false.

(C) The Defendant of the crime of interference with business was merely a mere abusive to the victim D, and did not interfere with the business of the victim, and did not have the Taekwondo official at the time of the scene.

(2) The judgment of the court below on unreasonable sentencing is too unreasonable.

2. Before the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor applied for changes in indictment with respect to the charge as of April 15, 201, which was committed by the trial court on the charge of attempted crimes as of April 15, 201, and since this court permitted this, the part of the judgment of the court below not guilty cannot be maintained further.

However, the prosecutor's assertion of mistake is still subject to the judgment of this court, despite the above reasons for reversal.

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