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(영문) 대법원 2018.10.12 2018도11391
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the reasons for the prosecutor’s appeal, the lower court, on the grounds as indicated in its reasoning, merely constitutes one crime and did not constitute a separate crime, by combining the violation of the Punishment of Violences, etc. Act (joint coercion) among the facts charged in the instant case with respect to the violation of the Punishment of Violences, etc. Act (joint coercion).

On the other hand, the judgment of the first instance which recognized this as a crime with substantive concurrent relation is reversed, and the defendant was acquitted on the violation of the Punishment of Violences, etc. Act (joint coercion).

Examining the record in accordance with the relevant legal doctrine, the lower court did not err by misapprehending the legal doctrine on the number of crimes.

2. Examining the evidence duly adopted and examined by the court below and the first instance court as to the grounds for appeal by the Defendants, the court below is justified in finding the Defendants guilty of violation of the Punishment of Violences, etc. Act (joint conflict) among the facts charged in the instant case on the grounds stated in its reasoning.

In so doing, the lower court did not err by exceeding the bounds of free evaluation due to violation of logical and empirical rules, or by misapprehending the legal doctrine on the acquisition of pecuniary advantage in the crime of violation of the Punishment of Violences, etc. Act, by failing to exhaust all necessary deliberations, or by exceeding the bounds of free evaluation due to a violation of the rules of logic and experience.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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