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(영문) 대구고등법원 2016.01.28 2015노489
특정경제범죄가중처벌등에관한법률위반(공갈)등
Text

1. The guilty portion of the judgment of the court below (the grounds for not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (tax)).

Reasons

1. Of the facts charged in the instant case, the lower court convicted the victim G of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Bribery) and fraud, the victim E of the attack and confinement, the free teachers, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Act”) on September 5, 2008, and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (tax) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (tax) on the Aggravated Punishment, etc. of Specific Crimes (tax). The lower court convicted the victim of the violation of the Act on the Aggravated Punishment, etc. of Tax Offenses or the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (tax) as to the aiding and abetting of the violation of the Commercial Act included in the facts charged in the said Act and the

Accordingly, the defendant appealed against the guilty portion, and the prosecutor appealed on September 5, 2008 except the violation of the Act on the Control of Narcotics, Etc. and the violation of the Commercial Act.

Therefore, the above violation of the Act on the Control of Narcotics, etc. on September 5, 2008 and the violation of the Act on September 5, 2008 were separated and finalized, and the violation of the Act on the Control of Narcotics, etc., which is the part not guilty, was judged to be judged in the trial, but was exempted from the object of public defense between the parties.

As such, the conclusion of the judgment of the court below as to this part shall be followed, and it shall not be judged again.

Ultimately, the scope of adjudication on the party shall be limited to the above part of the judgment of the court below except the above violation of the Act on the Control of Narcotics, Etc. on September 5, 2008 and the non-violation of the Commercial Act.

2. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles (Defendant 1) (the Defendant’s coercion was forced during the trial of the trial of the trial of the party, the victim AY’s intimidation, each bodily injury, the aiding and abetting the violation of the Commercial Act, the attack against V, and the attack against V on March 15, 2009.

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