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(영문) 전주지방법원 2015.11.27 2015노1207
폭력행위등처벌에관한법률위반(상습공갈)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) The Defendant’s attempted or attempted crime of extortion by misunderstanding the legal principles (as to the acquittal part) is due to the Defendant’s behavior by violence. 2) The lower court’s sentence of unreasonable sentencing (as to the first and second crimes: imprisonment with prison labor for two months, and imprisonment for one year and six months: imprisonment with prison labor for the third and nine crimes: 1 year and six months) is unreasonable.

B. The lower court’s sentence is too unreasonable.

2. Determination

A. The lower court determined the Prosecutor’s assertion of the misapprehension of the legal doctrine: (a) the Defendant had no record of punishment for the crime of extortion before the instant case; (b) the crime under paragraph (1) of the criminal facts in the judgment is the crime committed by a policeman on May 2013; and (c) the attempted crime under paragraph (2) of the judgment is the crime committed by a policeman on March 2014, which was about ten months after the said crime; and (d) the crime of extortion under paragraph (3) of the judgment was committed on October 2014, which was about seven months after the said crime was committed on October 2014, which was about seven months after the said period of time; and (e) the frequency of the crime of extortion and attempted crime under paragraphs 3 through 6 of the judgment of the lower court, which was relatively short, is difficult to readily conclude that the crime of extortion or attempted crime of violence was caused by the Defendant’s habition. In light of the records, the lower court’s aforementioned judgment is justified.

Therefore, the prosecutor's argument is without merit.

C. The instant crime against the prosecutor’s and the Defendant’s assertion of unfair sentencing is deemed to have been committed by the Defendant against the proprietor, etc. of a singing practice room business, and as if the Defendant reported the fact that he sold alcoholic beverages while running a singing practice room business, etc., he/she would not take money from the proprietor of a singing practice room business or take money from the proprietor of a singing practice room business, or attempted to withdraw, and by deceiving the proprietor, etc. as if he/she would pay the drinking value, take a pecuniary benefit equivalent to KRW 480,000,000, and thereby, put him/her on the proprietor of a singing practice business to escape.

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