(영문) 춘천지방법원 2012.05.16 2012노242 | 리걸엔진

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(영문) 춘천지방법원 2012.05.16 2012노242

폭력행위등처벌에관한법률위반(상습공갈)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant received money as stated in the attached list of crimes (1) in the judgment of the victims with regard to the crime of this case of mistake of facts, the Defendant did not perform his business as expected and did not intend to obtain money from the victims, and there was no criminal intent to obtain money. As to the crime of violation of the Punishment of Violences, etc. Act (Habitual Bribery) and the Punishment of Violences, etc. Act (Habitual Intimidation), the Defendant did not withdraw profit from the victims due to the threat, and it was merely a severe speech to the victims.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the defendant could sufficiently recognize each of the charges of this case against the defendant as follows: (a) by deceiving the victims, even though the defendant did not have any intent or ability to invest in real estate, etc., the victims was threatened, such as the list of crimes (2) in the judgment of the court below; (b) intimidation the victims as shown in the list of crimes (3) in the habitual judgment; and (c) receive money from the victims who feel fear of fear of fear of fear of the defendant as stated in the list of crimes (3) in the judgment of the court below.

B. We examine the argument of unfair sentencing, and there is no criminal history exceeding a fine, and the Defendant’s wife wants to take the Defendant’s action against the Defendant. However, each of the crimes of this case is the content of the Defendant’s planned access to the victims to commit fraud, and the nature of the crime and the criminal circumstances were not less somewhat, and the victim H and G did not recover from damage, and the victim H and G want to take a strict punishment against the Defendant.

Each of the above circumstances and other crimes of this case.

참조조문

-폭력행위 등 처벌에 관한 법률

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