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(영문) 대구지방법원 2018.12.21 2018노3477
공갈등
Text

The judgment below

All convictions shall be reversed.

As to the crime No. 1 of the judgment of the court below, the defendant shall be punished by imprisonment for two months.

Reasons

1. As to the violation of the Act on Promotion of Intimidation, Use of Information and Communications Network Utilization and Information Protection, Etc. among the facts charged in the instant case, the lower court rendered a judgment dismissing the public prosecution. Accordingly, since only the Defendant appealed against the conviction part among the lower judgment, the part dismissing the public prosecution among the lower judgment that the both parties did not appeal was separately

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of reasons for appeal;

A. The Defendant, as stated in the lower judgment, did not threaten the victim as stated in this part of the facts charged.

It was received in the past one million won, which was calculated by the defendant.

B. The punishment sentenced by the court below (one year and two months of imprisonment with prison labor for the crime No. 2, 3, and 4 of the decision of the court below for the crime No. 1 of the judgment below) is too unreasonable.

3. Determination

A. As to the assertion of mistake of facts, the following circumstances acknowledged by the court below in accordance with the evidence duly adopted and investigated by the court below, i.e., (i) the victim has consistently committed a intimidation by the defendant, separate from the attack in this part, and had the defendant revoked the complaint at the defendant's continuous prior demand, and (ii) stated that "the victim committed a intimidation by changing the defendant's attitude upon cancellation of the complaint, and thereby making another person file a complaint, etc., again," and that the content of the crime of intimidation was not specifically stated in this part of the facts charged at the initial stage of the investigation, but did not make a statement in detail as stated in the facts charged at the investigation. However, the victim did not request that the defendant lend money at the request of the defendant in the past, and requested that the defendant return the money above, repeated the abusive and intimidation, and unilaterally made a request for a return of money before and after the commencement of the investigation."

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