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(영문) 수원지방법원 2015.07.17 2015노138
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ assertion of misunderstanding of facts is that they received money from the victims in return for their legitimate activities, and the Defendants did not receive money by giving the victims hotly, with the attitude that they seem to additionally post an unfavorable article.

B. Defendant B’s assertion of the misapprehension of the legal principles as to Defendant B’s act of causing the Defendant who did not have the intention of the crime to receive money with the police officer who was the victim G, and arresting the Defendant as a flagrant offender in the crime of extortion, which constitutes an unlawful act of

C. The lower court’s sentence (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 2 million) on the Defendants’ assertion of unfair sentencing is too unreasonable.

The lower court’s sentence against the Defendants on the grounds of unfair sentencing by the prosecutor is too uneasible and unfair.

2. Determination

A. In full view of the evidence duly admitted by the court below as to the defendants' assertion of mistake of facts, the court below's judgment that convicted the defendants is just and there is no error of misconception of facts as alleged by the defendants, since the defendants, by giving the victims the same attitude that they should file a civil petition against the construction site or post an article disadvantageous to it, can sufficiently recognize the facts that they received or attempted to receive money from the victims of drinking bage.

B. In full view of the evidence duly admitted by the lower court regarding Defendant B’s assertion of misapprehension of the legal doctrine, the Defendants took the same attitude as posting an article unfavorable to the victim G’s construction site and posting an additional disadvantageous article, and the victim’s demand the Defendants to resolve the situation that the progress of construction is unlikely to normally proceed, and the Defendants demand money and valuables on the condition that the article of promotional nature should be posted instead of making the article as a solution.

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