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(영문) 수원지방법원 2013.05.30 2013노1292
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts (Defendant A) recognized the basic facts of the facts charged in the instant case, but did not engage in a “organization violence crime” against the victim.

Nevertheless, the court below explained to the effect that "the above defendant committed organized violence." Thus, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. In light of the difficult economic circumstances of the Defendants, etc., the lower court’s punishment against the Defendants (a fine of KRW 1.5 million) is too unreasonable.

2. Determination

A. The summary of the indictment of this case as to the assertion of mistake of facts is as follows: (a) Defendant A (hereinafter referred to as “Defendant” only) refused to enter his main points and did not want to provide alcohol, safe drinking, and entertainment in an entertainment drinking house for the operation of the victim; and (b) had the victim enjoy entertainment after enjoying entertainment; and (c) had the victim pay for the purchase price; and (d) under the evidence duly admitted and investigated by the court below, the court below created an atmosphere to prevent the victim or his employee from claiming the purchase price by exposing the door that the victim spawd with B after drinking alcohol together with B; (b) the victim did not want to provide the Defendant with alcohol, safe drinking, and entertainment; and (e) the victim did not have any objection to the purchase price; and (e) the victim had already provided the Defendant with drinking and drinking alcohol without compensation; and (e) the victim had already been able to receive the purchase price through the act of violence, etc.

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