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(영문) 대구지방법원 2017.11.24 2017노3303
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the Defendants 1-A of the facts charged in the instant case, there is no fact that the Defendants did not frighten the victim or did not pay the drinking value. As to the Defendants’ violation of the Punishment of Violences, etc. Act (joint attack) as stated in each port of this case.

Nevertheless, the judgment of the court below that found the defendant guilty of this part of the facts charged is erroneous.

2) As to the punishment sentenced to the Defendants (Defendant A: Imprisonment with prison labor of April 1: 1-A-2) and 1-3 of the decision of the court below in October 10, and the punishment sentenced to the Defendants (Article 1-1-3 of the decision of the court below in April 2) and Article 1-1 of the Act

(b)For each of the crimes of paragraphs (a) and (b), Defendant B, with prison labor of 10 months, is too unreasonable;

B. As to the Defendants’ violation of the Punishment of Violences, etc. Act (joint injury) among the facts charged in the instant case by mistake of facts, the evidence submitted by the prosecutor reveals that the Defendants jointly inflicted injury on the victim.

Nevertheless, the court below found Defendant B not guilty of this part of the facts charged with the fact that Defendant B did not participate in the crime of bodily injury, and found Defendant A guilty of only simple bodily injury. The court below erred in the misapprehension of facts.

2) The above sentence, which the court below committed against the Defendants, is too unhued and unfair.

2. Determination

A. As to the Defendants’ assertion of misunderstanding of facts, the lower court also asserted the same purport as the grounds for appeal. Accordingly, the lower court rejected the Defendants’ assertion on the following grounds: (a) on the following grounds: (b) from the 6th page 12 to the 7th page 16 of the said judgment; and (c) on the part of the 16th page 7,

In light of the records of this case, a thorough examination of the evidence duly adopted and examined by the court below is found guilty of this part of the facts charged for the reasons stated in its holding.

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