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(영문) 대법원 2014.08.20 2014도7132
공갈등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the Defendant asserted a mistake of facts regarding interference with business and assault among the facts charged in the instant case on the grounds of appeal, and on the trial date of the lower court, the Defendant did not have clearly withdrawn the above mistake of facts, but the lower court determined the Defendant’s grounds for appeal only by mistake of facts as to the conflict among the facts charged in the instant case

The Defendant asserted the same purport as the grounds of appeal concerning interference with business and assault among the facts charged in the instant case. The lower court may be deemed to include the allegation that the lower court omitted the judgment on the grounds of appeal concerning interference with business and assault among the facts charged in the instant case.

However, in light of the evidence adopted by the court of first instance maintained by the court below, it can be sufficiently convicted of interference with business and assault among the facts charged in this case, and the judgment of the court below did not err by misapprehending the facts contrary to logical and empirical rules, and thus, the error of omission is not affected by the judgment.

In addition, in light of the evidence adopted by the court of first instance maintained by the court below, it is justifiable to find the court below guilty of the attack among the facts charged in this case on the grounds as stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of finding facts against logical and empirical rules or by misapprehending the relevant legal principles.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a death penalty, an indefinite term, or an imprisonment or imprisonment without prison labor for not less than ten years. Thus, in this case where the defendant was sentenced to a more minor punishment, an appeal is filed with the Supreme Court

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