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(영문) 서울북부지방법원 2020.02.13 2019노1329
폭력행위등처벌에관한법률위반(공동공갈)
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1 did not have any intention to threaten the victim, and there is no intention to commit an unfair sentencing. (2) The lower court’s sentence on the Defendant is too unreasonable.

B. Defendant B (1) The Defendant was wanting to receive a misunderstanding of facts and left the scene. (2) The lower court’s sentence on the Defendant’s unreasonable sentencing is too unreasonable.

2. Prior to a judgment on the grounds for an ex officio appeal, we examine it ex officio.

In the trial court, the prosecutor added "Article 350 (2) of the Criminal Act" to the applicable provisions of this case, and applied for amendments to the indictment as stated below in the "a summary of the facts and evidence" as stated in the "a summary of the facts and evidence." Since this court permitted this and changed the subject of the trial, the judgment of the court below was no longer maintained.

However, despite the above reasons for ex officio destruction, the defendants' assertion of mistake of facts is still subject to the judgment of this court, and it will be examined below.

3. The lower court determined that the Defendants’ assertion of mistake of facts was based on the evidence duly examined, namely, ① the victim stated that “When the Defendants first visited, they would have verified whether fugitive dust or waste management would be well-feasible at the site, it would be a problem if they would be damaged when other problems occur, and if they come to an article, it would be a problem if they would be a matter, and since they belong to a T Group and are conducting a variety of environmental campaign, they would be able to send a public letter of support.”

When the defendants visit the site again, it would not be able to receive only one million won for each business entity, or at least one million won for each business entity. There are other construction sites, and H is well aware of cooperation and other methods.

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