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(영문) 부산지방법원 2013.08.13 2013노1579
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. Each of the instant crimes committed by the Defendant, in a manner of joining the victim in the form of organized violence E in order to force the victim, and spreading the victim’s bath, and then receiving money from the frighter victim, and then threatening the victim at the home of the frighter victim, and the nature of each of the instant crimes is not weak.

However, the defendant shows an attitude of recognizing and opposing all of the crimes of this case as a person who has no record of punishment for the same kind of crime. Examining the background of each of the crimes of this case, the victim committed a crime of violation of the Punishment of Violences, etc. Act (joint injury), such as punishing him/her and injuring him/her jointly with G on May 2010, and then stated that "the defendant will pay a fine and drink him/her on behalf of him/her on June 16, 2010." Accordingly, on June 29, 2011, the defendant was discovered to have made a false statement as if he/she jointly committed the above crime with G, and was sentenced to a fine of three million won as an escape crime, but the victim did not pay the above fine as agreed upon, and considering the circumstances in which the victim did not pay the above fine, there are many grounds for consideration, the defendant's age, character and behavior, and other various conditions in this case.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below.

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