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(영문) 서울남부지방법원 2013.08.16 2013노443
폭력행위등처벌에관한법률위반(공동공갈)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not commit each of the crimes of this case jointly with C, D, and E, as stated in each criminal facts in the judgment below, although the defendant received property from the victims by misunderstanding of facts and misunderstanding of legal principles, but did not commit each of the crimes of this case.

B. In light of the legal principles, the part of the prosecutor’s protocol and the prosecutor’s protocol of interrogation of the defendant against M among the evidence in the case of 2012 Go-Ba4130 is unlawful to adopt it as evidence despite the lack of admissibility

C. The Defendant was in a state of mental disorder due to excessive behavioral disorder at the time of committing each of the instant crimes.

The sentence of unfair sentencing (two years of imprisonment) by the lower court is too unreasonable.

2. Determination

A. Regarding the assertion that there was no fact that the defendant committed each of the crimes of this case jointly with C, D, and E at the time of each of the crimes of this case, according to the evidence duly adopted and examined by the court below and the court below, it can be sufficiently recognized that C, D, and E shared with the defendant at the time of each of the crimes of this case, as stated in the judgment of the court below, shared with the defendant at the time of each of the crimes of this case, and shared with the victim's act of execution, such as complying with the defendant at the time of each of the crimes of this case, or shared with the victim, and received property from the victims. The defendant, C, D, and E are co-offenders in relation to each of the crimes of this case, and the above acts of the above defendant, etc. constitute a crime of violation of the Punishment of Violences, etc. Act (joint conflict) as to the defendant, etc. since they committed crimes of different persons at the same time and using them at the same time.

Therefore, this part of the defendant's argument is without merit.

B. The prosecutor's statement of M and the prosecutor's office against the defendant among the evidence in the case of the 2012 High Order 4130 decision as to the assertion of legal principles.

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