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(영문) 대전고등법원 2015.05.01 2015노79
강도상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Judgment on the Grounds for Appeal

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles as to the crime of extortion in the judgment of the court below, the crime of extortion is established by causing another person to attack against himself or a third party to deliver property or gain pecuniary benefits from the defective intent resulting therefrom. It does not necessarily require a reduction of the victim’s entire property (see, e.g., Supreme Court Decision 2010Do13774, Apr. 11, 2013). Meanwhile, the court below found the victim guilty of assaulting the victim to have limited freedom of decision-making or interfered with the freedom of decision-making and the freedom of decision-making (see, e.g., Supreme Court Decision 201Do1374, Apr. 11, 2013). On the other hand, the court below found the victim guilty of assaulting the victim to have limited freedom of decision-making and the freedom of decision-making by means of language or scambling, and thus, found the victim to have caused harm to the other party.

3. Examining the reasoning of the judgment below in light of the above legal principles, we affirm the above judgment of the court below as just.

The judgment of the court below is erroneous or erroneous as alleged by the defendant or defense counsel.

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