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(영문) 부산지방법원 2017.02.06 2016노2698
공갈등
Text

All appeals by the Defendants and the Prosecutor against Defendant B are dismissed.

Reasons

The summary of the grounds for appeal is as follows: (a) the Defendants: (b) before reporting to the Election Management Committee on the fact-finding of a victim F’s money and valuables, the Defendants did not withdraw money and valuables on the condition that the victim sent a text message to verify the facts; (c) the victim did not report to the Election Management Committee; and (d) in particular, Defendant B confirmed the facts after receiving the information from Defendant A as the reporter; and (c) reported to the Central Election Management Committee on the crime of violation of the Political Funds Act by the victim, the lower court convicted the victim of the charges of attempted breach of the Act. The lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

The punishment sentenced by the court below to the defendants (Defendant A: imprisonment with prison labor for a year and April, and Defendant B: imprisonment with prison labor for a period of eight months) is too unreasonable.

According to the evidence submitted by the prosecutor (defendant B), the court below acquitted the victim who received the 40 million won remittance by threatening the victim by sending letters, etc. to the victim A, but the court below acquitted the victim of this part of the facts charged. The court below erred by misunderstanding the facts or misunderstanding the legal principles, which affected the conclusion of the judgment.

The punishment sentenced by the court below to Defendant B is too unfortunate and unfair.

Judgment

In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the lower court determined that the Defendants conspired to give the victim a text message as stated in 2. criminal facts, and that Defendant A demanded the victim to pay KRW 500 million.

Victim F. The Victim F.

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