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(영문) 인천지방법원 2016.05.12 2016노729
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The lower court dismissed the prosecution against the Defendant regarding intimidation and L among the facts charged in the instant case, and dismissed the prosecution on the grounds that it cannot be punished as a special intimidation with respect to the special intimidation against the victim C, and that only C expressed its intention not to punish the Defendant, and sentenced him to the remainder of the facts charged.

As to the conviction part of the judgment below, the prosecutor appealed against the conviction part and the special intimidation part against the victim C. Since the dismissal part of the judgment of the court below concerning each intimidation against the victim C and L which was not appealed is separate and confirmed as it is, the judgment of the court below is limited to the conviction part of the judgment of the court below and the special intimidation against the victim C.

2. Summary of grounds for appeal;

A. As to the crime of special intimidation against the victim C by mistake of facts or misapprehension of legal principles, there is evidence to prove that the defendant used golf loans and threatened the victim, the court below dismissed the prosecution on the ground that there is no evidence of reinforcement, and there is no expression of intent to punish the victim, which affected the conclusion of the judgment by misapprehending the legal principles or by misapprehending the legal principles.

B. As to the punishment sentenced by the court below (a two-year imprisonment, a surcharge of KRW 100,00) against the defendant, the defendant asserts that it is too unreasonable for the defendant to go too much so, and that the prosecutor is too unfied and unfair for the prosecutor.

3. Determination

A. On April 30, 2015, the summary of the public prosecutor’s misunderstanding of the facts or misapprehension of the legal principles 1) The defendant in the public prosecutor’s office 20:30 on April 30, 2015, on the ground that the victim C was not paid the money borrowed from the defendant at the taxi platform of the Incheon International Airport Office located in Jung-gu Incheon International Airport Office, Jung-gu, Incheon, and that the victim C would not pay the money borrowed from the defendant 272.

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