(영문) 대전지방법원 2020.08.13 2019노3365 | 리걸엔진

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Reasons

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(영문) 대전지방법원 2020.08.13 2019노3365

공갈등

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All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged, Defendant A1’s indictments Nos. 5 and 6 constitute a case where the prosecution procedure is in violation of the provisions of law and becomes null and void since the victim cannot be identified.

B) Accordingly, the Defendant’s compensation order, based on the premise that the victim D took up KRW 27 million from the victim’s D, should be dismissed on the ground that there is no reason or it is unreasonable to issue a compensation order.

2) The lower court’s sentence of unfair sentencing (one year of imprisonment with labor, two years of suspended execution, 80 hours of community service, and compensation order) is too unreasonable. B. Defendant B (1) did not err in facts with A and there is no fact that there was no threat of victim D, etc.

2) The lower court’s sentence of unreasonable sentencing (the two-year suspended sentence for six months of imprisonment) is too unreasonable.

C. The lower court’s punishment against the Defendants by the prosecutor is too unfasible and unreasonable.

2. Determination

A. The Defendants asserted the mistake of facts or misapprehension of legal principles as to the grounds for appeal of this case at the court below, and the court below rejected the above assertion in detail on the grounds that the Defendants stated in the judgment of the court below that “the judgment on the argument between the Defendant and the defense counsel”.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is justified and it is not erroneous in the misapprehension of legal principles as alleged by the defendants, which affected the conclusion of the judgment. (In conclusion, it is found that the court below found the defendant guilty of 27 million won from D, the applicant for compensation, and there is no ground to dismiss the application for compensation.)

Therefore, the Defendants’ assertion on this is without merit.

B. The lower court asserting unfair sentencing is the content, role, and acquisition amount of the instant crime, crime history, and conflict.

유사 판례

-청주지방법원 2020.12.17 2020노1087

-수원지방법원 2020.04.10 2019노6988

-대전지방법원 2020.05.14 2019노3942

-서울북부지방법원 2014.11.20 2014노1127

-수원지방법원 2013.10.10 2012노5510