(영문) 대전지방법원 2019.06.26 2019노966 | 리걸엔진

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(영문) 대전지방법원 2019.06.26 2019노966

폭력행위등처벌에관한법률위반(공동공갈)

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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In full view of the fact-finding [the part concerning the violation of the Punishment of Violences, etc. Act (joint conflict)] of the Defendant, C, and the victim’s statements made by each investigative agency and the records of telephone conversations made on April 29, 2018 by C and the victim, the crime listed in paragraph (2) of the crime in the holding (hereinafter “the crime of this case”) shall be deemed to have been committed according to joint or implied conspiracy with C.

Therefore, the court below found the defendant not guilty of this part of the facts charged on the ground that the defendant's joint criminal conduct with C is not recognized.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment with labor for four months and one year of suspended execution) is too uneasible and unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The lower court convicted the Defendant and C of this part of the facts charged on the ground that it is difficult to deem that the Defendant and C jointly committed the instant crime, separate from the facts charged under paragraph (1) of the same Article as indicated in its holding.

B. Article 2 (2) of the Punishment of Violences, etc. Act provides that "at least two persons shall be jointly involved" as the requirement that there exists a so-called co-offender relationship between them. In addition, there is a case where several persons are aware of another person's crime in the same opportunity at the same place, and used it to commit a crime.

(2) In light of the fact that the crime of this case was committed on February 25, 200 (see, e.g., Supreme Court Decision 9Do4305, Feb. 25, 2000) in light of the following circumstances: (a) the crime of this case has the nature of the subsequent measures for the crime as stated in paragraph (1) of the crime in the judgment; and (b) the defendant appears to have contact with C in the process of committing the crime of this case; and (c) there is a doubt that the defendant committed the crime of this case in collusion with C. However, in light of the aforementioned legal principles, the crime of this case is committed in violation of the Punishment of Violences

참조조문

-폭력행위 등 처벌에 관한 법률

-폭력행위 등 처벌에 관한 법률 제2조 제2항

참조판례

-대법원 2000. 2. 25. 선고 99도4305 판결

유사 판례

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-부산지방법원 2015.01.08 2014노2986

-창원지방법원 2013.05.31 2013노216