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(영문) 부산지방법원 2013.10.10 2013노1521
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the part of the grounds for appeal against the victim C is that the Defendant received money from the said victims (victim C) or took money from the said victims (victimJ) and did not bring money to the victims by giving excessive amounts to the victims.

Even if it is not so, the sentencing of the court below (one year and three months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below regarding the assertion of mistake of facts, the court below can sufficiently recognize the fact that the victim C had received money from the victims by threatening the victimJ without giving money to the victim'sJ, and as alleged by the defendant, the victim C has a duty to complete payment to the defendant at the time and place specified in each of the above facts charged.

Even if the defendant had the intent to borrow money, there is no obstacle to the establishment of the crime of public conflict.

Therefore, the defendant's assertion of mistake is difficult to accept.

B. We examine the judgment on the assertion of unfair sentencing, and there is a favorable condition that the defendant agreed with all of the victims. However, the crime of this case is not very good for the defendant to take money from the victims who drink alcohol without any particular reason, or to take money from such victims over several times. The defendant has been punished several times due to violence-related crimes, a suspended sentence, a suspended sentence, and a fine. In particular, the defendant committed the crime of this case even though one year has not passed since he was released, taking into account various circumstances, such as the motive and circumstance of the crime of this case, circumstances after the crime, the defendant's age, character and conduct, environment, etc., and the sentencing conditions specified in the records and arguments of this case.

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