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(영문) 부산지방법원 2020.11.19 2020노2037
특수강요등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the investigation agency of the victim of mistake of facts D and the prosecutor, such as each statement in the court of the court below, the victim was always exposed to continuous violence and coercion of the defendant as stated in the facts charged, and in such circumstance, it is recognized that the defendant was fright to drink and delivered each golf bond (hereinafter “each golf bond of this case”) listed in the annexed crime list of the court below to the defendant.

Nevertheless, the lower court is recognized that the Defendant ordered the victim to dispose of existing golf loans and purchase new golf loans, but did not follow the direction of the Defendant with the appearance of the victim, as in the facts charged of the instant public conflict, with the Defendant’s intimidation.

In addition, the court below acquitted the defendant as to the conflict of interest in this case on the ground that the prosecutor's proof on the fact that the defendant took economic benefits was insufficient. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (six months of imprisonment and two years of suspended execution) is too uneased and unreasonable.

2. Judgment on the assertion of mistake of facts

A. On November 13, 2018, the summary of the facts charged in the instant case, at a place where the location is unknown, the Defendant forced the victim, who had frightened, to make a loan certificate by coercion, as described in paragraph (2) of the facts constituting the crime in the lower judgment, to make a telephone to the victim who had frighted with golf loans in our office, and forced the Defendant to make a reimbursement to the frightst drick, so it would be changed into a frightst drick.”

As above, the Defendant: (a) changed the amount of money equivalent to 170,000 won at a market price issued by the Defendant from the victim frighting the victim to the golf dracker instead of the golf dracker, which is equivalent to 550,000 won at a market price; and (b) acquired pecuniary benefits equivalent to 380,000 won at a difference from that time.

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