(영문) 대구지방법원 2016.04.28 2015노462 | 리걸엔진

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(영문) 대구지방법원 2016.04.28 2015노462

폭력행위등처벌에관한법률위반(공동공갈)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (misunderstanding the facts regarding the guilty portion of the judgment below) did not threaten the victim to hear together with L,O, and P as stated in the facts constituting the crime of the court below.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged [the violation of the Punishment of Violences, etc. Act (joint intimidation)] is erroneous, which affected the conclusion of the judgment.

B. According to the evidence submitted by the prosecutor of the lower judgment as to the acquitted portion, the Defendant, in collaboration with P on May 2009, acquired 50,000 won property benefits by entering the victim D, and in collusion with P on May 21, 2009, obstructed the victims’ entertainment services by force prior to the first week.

Nevertheless, the judgment of the court below which acquitted the Defendant of this part of the facts charged [the points of violation of the Punishment of Violences, etc. Act (joint conflict) and obstruction of business] is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendant (an amount of KRW 3 million) is too unhued and unfair.

2. Determination

A. On April 1, 2009, the lower court determined as to the Defendant’s assertion of mistake on the Defendant’s facts. On April 2, 2009, the lower court found the Defendant at Q restaurants located in the Daegu-gu Office B at a group of friendship among the directors of pay job placement offices, such as the victim R, the owner of the work placement office, and the victim S, and the victim S., etc., for the purpose of preventing the Defendant from introducing entertainment workers to F, H, I, K, and J, the Defendant, theO, and P, written a bad appearance around the Defendant, and the victims “I will be disadvantaged for funeral if I put the entertainment workers in the future.”

“A threat to, and was written, an appearance;

O The victims "F that will perform funeral services in the future of the width, and I am on several main points.

참조조문

-폭력행위 등 처벌에 관한 법률

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