(영문) 춘천지방법원 2018.06.28 2017노353 | 리걸엔진

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자간(%)

(영문) 춘천지방법원 2018.06.28 2017노353

폭력행위등처벌에관한법률위반(공동공갈)등

Text

The judgment of the court below is reversed.

Defendant

The punishment against A shall be ten months, and the imprisonment with prison labor for the defendant B shall be six months, respectively.

Reasons

1. Summary of grounds for appeal;

A. The Defendants did not jointly commit violence or intimidation against the victim, misunderstanding of facts and legal principles.

A letter of confirmation drawn up by the victim around May 4, 2009 is a content that can be demanded as a matter of course according to the investment contract written with the victim prior to that time.

The court below recognized the crime of violation of the Punishment of Violences, etc. Act (joint coercion) and the violation of the Punishment of Violences, etc. Act (joint rapion) as a substantive concurrent crime, but in such cases, only the crime of violation of the Punishment of Violences, etc. Act (joint rapion) shall be constituted.

B. The sentence of the lower court’s improper sentencing is too unreasonable.

2. In light of the following facts and circumstances, which can be acknowledged by the evidence duly adopted and investigated by the court below in light of the circumstances revealed by the court below as to the assertion of mistake of facts, the court below can be recognized that the defendants requested the victim to prepare a letter of confirmation as stated in the facts charged, letter of delegation, contract transfer contract, etc. from the injured party in order to obtain ownership of eight lots of real estate (hereinafter “real estate of this case”) including the land N, Do Forest, Y, which the victim purchased from M in order to reveal the victim’s illegal status by based on his/her obligation relationship with the victim, his/her status, etc., along with G, and caused the victim to suffer unfair disadvantage if the victim does not comply with the request at least.

① Defendant B was investigated by the police, and “At the time G was paid a large amount of interest to the victim.”

I also made a statement to the effect that I would like to promptly resolve such a disturbance to the victim.

Defendant

A also made a statement to the police that “at the time, the noise was paid to the victim with a large amount of noise”.

(2) Employees employed by the victim at the time.

W also as a witness of the court below and “the victim of the instant real estate.”

참조조문

-폭력행위 등 처벌에 관한 법률

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