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(영문) 수원지방법원 2016.08.19 2016노1655
폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)등
Text

The judgment below

Of those, the conviction against Defendant E shall be reversed.

Defendant

E is the case of the 2014 High Order 53.0

Reasons

1. Summary of grounds for appeal;

A. Although Defendant A, in collusion with Defendant C, did not exercise the power of an organization or interfered with the victim L, Defendant A was guilty of this part of the facts charged, the lower court erred by misapprehending the facts and thereby adversely affecting the conclusion of the judgment.

B. Defendant C (1) Although Defendant C, in collusion with Defendant A, etc., did not have abused the amount by threatening the victim L by showing an organization’s power, Defendant C was guilty of this part of the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

(2) The punishment sentenced by the lower court to Defendant C (one year of imprisonment with prison labor for the crime of intimidation in the second sentence of 2013, the second sentence of 2014, the second sentence of 2014, the second sentence of 209, the second sentence of suspension of execution of each of the above imprisonment, the second year of observation of protection, the community service 160 hours) is too unreasonable.

(c)

Defendant

E. (1) In collusion with B, etc., Defendant E did not have the option of organization or forced the victim to prepare a loan certificate.

(B) At the time of committing the instant case No. 2004, Defendant E, as indicated in the lower judgment, was in a state of mental, physical, or mental loss by drinking alcohol.

(C) Nevertheless, the court below found Defendant E guilty of all the charges, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

(2) The punishment sentenced by the lower court to Defendant E (one year and six months of imprisonment with prison labor for the crime of 2014 highest 53 cases as stated in the lower judgment) is too unreasonable.

(d)

Each sentence sentenced by the court below to the defendants is too unhued and unfair.

2. Determination

A. The judgment of the court below on the assertion of mistake of facts by Defendant A and C is legitimate.

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