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(영문) 서울중앙지방법원 2015.01.13 2014노3749
공갈
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (the factual error) did not take money by the Defendant, as stated in the judgment of the court below, either frighting to the victims or receiving a total of 6.2 million won from the victims fright to drinking, etc.

2. Determination on the grounds for appeal

A. The facts charged and the judgment of the court below (1) The defendant alleged that he would report the illegal sexual traffic business to the police on the business owner at a massage treatment place, a rest room, an entertainment facility, etc., in order to attract money and valuables. The defendant received money and valuables in the "E" massage treatment place operated by the victim D in Gangnam-gu Seoul, Seoul, at around 04:00 on Nov. 1, 2008, at the victim's inside the "E" treatment place operated by the victim D in Gangnam-gu, Seoul, the victim "I would have to report the business of illegal sexual traffic without paying medical expenses to the police" and received money and valuables in total of KRW 300,000 from the victim of the above massage treatment place, including the defendant, alone or one person "F", in collusion with the victims, and received money and valuables in total of KRW 620,000,000,000 from the victim of the crime.

(2) The lower court found the Defendant guilty of all the facts charged, based on the evidence indicated in its judgment.

B. In full view of the evidence duly adopted and examined by the court below (in particular, No. 54 of the defendant's prosecutor's statement (Evidence List 54)), the above part of the facts charged is judged to be guilty.

The defendant's assertion of mistake on the above part is without merit.

(2) The part of the charge against the victim H (attached Form 5, 6, 8-13) is denying the above part of the charge from the prosecution to the trial.

Although evidence corresponding to the above facts charged was written by H in the investigation agency, H worked as the team leader at the time of the original trial, H was reported to the team leader.

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