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(영문) 대구지방법원 2015.11.19 2014노4927
공갈
Text

All appeals by the Defendants (excluding Defendant G) and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (guilty in Facts, the part of the judgment of the court below's acquittal of the reasons) found not guilty of the part of the facts charged in the instant case, but in full view of the evidence submitted by the prosecutor, the above money also can be fully acknowledged that it was a compromise that was given the same opportunity according to the series of public conflicts by the defendants.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous and adversely affected the conclusion of the judgment.

B. Defendants (excluding Defendants G) 1) misunderstanding of facts or misunderstanding of legal principles (the guilty part of the judgment of the court below), and the remaining Defendants except Defendant A did not have conspired or participated in the instant crime. The Defendants’ act constitutes ordinary business activities as a reporter, and cannot be evaluated as constituting “indecent notice” in the crime of extortion. In addition, in light of the following: (a) the victim company has already established a local newspaper advertisement budget; (b) the relevant report was already prepared before the attack; and (c) the representative director of the victim company has voluntarily stated that the act was not an act of extortion at the court of the court of the court below; and (d) the causal relationship between the Defendants’ act of extortion and the victim company’s act of paying advertising expenses is not acknowledged. Nevertheless, the court below convicting the Defendants of this part of the facts charged, or erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. In a criminal trial of a prosecutor’s assertion of mistake of facts, the recognition of facts should be based on strict evidence with probative value, which makes the judge not more likely to have any reasonable doubt, and thus, the prosecutor’s proof is sufficient to the extent that such conviction is ensured.

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