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(영문) 서울동부지방법원 2017.05.11 2016노2143
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) did not conspired with B, C, etc. to commit a crime of intimidation against Defendant I.

(2) The sentence of the lower court’s improper sentencing (one year of imprisonment, one year of confiscation) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. At least two of the judgment on the Defendant’s assertion of mistake of facts is processed jointly, and there is no need to do so directly, explicitly, in order, and explicitly, it may be done through the following: (a) according to the evidence duly adopted and duly examined by the court below, the Defendant: (b) the Defendant was found in the studio in the located in the Southern-gun of the previous Gu, where I concealed with B, C, and D, and the Defendant was acting as if I had a knife in the knife while carrying the knife and knife in the knife while carrying out the knife, and the Defendant did not have the knife and the knife.

At the same time, B and C found that they sought money to receive money from the wife of I, and C brought cash of KRW 320,000 from the wall to the wife of the I, and the I received money from the wall, and the C brought cash of KRW 320,000 in cash to the wife of the I.

“This fact, I’s studio can be recognized as a small amount of 4 square meters, and according to the above facts of recognition, according to the Defendant’s exercise of violence and intimidation against I to receive money from I, the Defendant brought cash from B and C out of I, and the Defendant had to be aware of the horses and actions of B and C at the source of a small size of the above studio. As such, the Defendant had to be aware of the horses and actions of B and C. Thus, the Defendant conspired with B and C with regard to the taking over of I’s cash.

It is reasonable to view it.

B. The Defendant’s judgment on the unfair argument of sentencing by the Defendant and the Prosecutor is against the crime, and the victim is the victim.

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