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Defendant
All appeals filed by A and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A (1) misunderstanding of facts (as to the violation of the Punishment of Violences, etc. Act (joint confinement), Defendant A did not assault or detain the victim AC together with Defendant B.
Furthermore, in the case of Defendant B, the above site was not present.
AC made a false statement by coercion of police.
(2) The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.
B. The court below acknowledged the following facts: (1) misunderstanding of facts and misunderstanding of legal principles against the press room operators belonging to H (Defendant A); (2) 15 members of the press association, excluding M in charge of walking money, who are all members of the press association, paid 150,000 won per month to the Association; but (3) 90,000 won per month was not 2.1 million won per month (14 members x 150,000 won) but 150,000 won per month.
This is based on the statement that M delivers the amount of KRW 900,000,000 to the defendant out of KRW 2.1 million in each month.
However, as M is taking money from members of the press association, the use of the money is merely an ex post facto circumstance and is therefore irrelevant to the establishment of a crime of conflict.
Therefore, the entire amount of KRW 54.6 million (2.1 million per month x 126 months) should be recognized as a revolving amount as shown in the facts charged.
(B) The victim F and the victim F stated that the police officer (the second written statement) made a statement that the victim F would have been forced to take advantage of the defendant, and the victim G police also made a statement that the victim would have to pay the money when the victim would have received contact from the defendant. In light of such a statement and the relationship between the defendant and the victim, the crime of conflict is sufficiently recognized.
(2) The sentence imposed by the lower court on the Defendants (in relation to the Defendants: one year of imprisonment; one year of suspended sentence in four months; one year of suspended sentence in four months; and 40 hours of community service) is too unjustifiable and unreasonable.
2. Defendant A’s assertion of mistake of facts.