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(영문) 서울동부지방법원 2020.12.18 2020노865
특수상해등
Text

The judgment below

The guilty part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year and six months.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A1’s misunderstanding of facts and misapprehension of legal principles, the Defendant merely received money from the victim K with his own interest and did not receive money by threatening the said victim.

In light of the relationship between the defendant and the above victim, it is against common sense that the above victim would be subject to intimidation from the defendant and pay money to the defendant.

Nevertheless, the judgment of the court below which convicted this part of the facts charged is erroneous in misconception of facts.

B) As to the indecent act by compulsion, the Defendant committed an assault against the victim Q, but at the site of the assault, there was no Defendant’s wife, and there was no indecent act by compulsion. Nevertheless, the judgment of the court below convicting the above victim of this part of the facts charged is erroneous in misunderstanding of facts. C) As to the obstruction of business, the Defendant referred the news release room business owner in this case as “the head of the news release room business”, and the Defendant uniform the news release room business owner into the news release room business owner.

It was called that they sent a guest to entertainment drinking house, and there was no fact that they did not interfere with sending a guest to entertainment drinking house by force to the news entertainment drinking house business owners.

(M) The Defendant’s exercise of power against the reported players can not be seen as exercising the power against the entertainment drinking house owners.

In addition, the work of entertainment taverns or news bags cannot be deemed as a work worthy of protection under the crime of interference with business.

(Lawioio). Therefore, the judgment of the court below which convicted this part of the facts charged is erroneous in misunderstanding of facts or misunderstanding of legal principles.

2) The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment, 40 hours of orders to complete sexual assault treatment programs, and 3 years of employment restrictions on welfare facilities for children and juveniles, etc. are too unreasonable.

B. Defendant B. The lower court held.

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