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(영문) 대전지방법원 2017.11.08 2017노756
공갈
Text

The judgment below

Of them, the part except the compensation order against the defendant shall be reversed.

The defendant is innocent.

Reasons

1. Summary of grounds for appeal;

A. The lower court did not err by misapprehending the legal doctrine and misunderstanding the fact that, if the Defendant did not provide the victim G with money, notified the victim G of the victim’s appearance and put the victim’s disadvantage as if he did, or Defendant B, C (hereinafter “B,” and “C”) given the victim’s co-Defendant B, “B,” and “C”) to receive the agreed amount, and only received money under the pretext of agreement on the issue of embezzlement of possession, upon the victim’s request made by X’s lue X, represented by the victim G.

Therefore, there is a criminal intent to commit an attack against the defendant.

It is difficult to see it.

B. The sentence of the lower court’s improper sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. The Defendant’s assertion and supporting circumstance are consistent from the investigative agency to the trial of the party. Although the victim G had 115,00 won in cash, which the Defendant’s children left on the floor at the I shop in the Defendant’s operation, there was a thought that the Defendant would have known the Defendant G’s appearance without seriously reflecting the Defendant’s intention, but there was no intention to borrow money as if he did not give any disadvantage to H by notifying the Defendant of the fact.

statement is made.

The above statements by the defendant are persuasive in light of the following acts of the victim G and the circumstances agreed by the defendant with X representing the victim G.

I seem to appear.

2) On December 6, 2013, the injured Party G brought KRW 115,00,000, the Defendant’s son’s her bottom, at the I store operated by the Defendant around 10:30 on December 6, 2013.

On the same day, the defendant confirmed the vehicle of the victim G through CCTV installed in the store, and found the victim G vehicle in the neighboring apartment parking lot, and contacted the victim G.

Defendant’s “Libabags to do so” to the victim G

The defective victim G does not state “I”;

왜요 술 한 잔 하게요 ”라고 말하는 등 발뺌하는 식으로 대답을...

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