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(영문) 수원지방법원 2015.02.05 2014노2825
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The guilty portion of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.

Defendant is a crime committed in the judgment of the first instance.

Reasons

1. Summary of grounds for appeal;

A. As to the judgment of the first instance court, the first instance court acquitted the victim J on the violation of the Punishment of Violences, etc. Act (joint conflict) and the attack against the victim M. However, in light of the above victims’ statement and the situation at the time of the statement, etc., it is reasonable to view that the defendant given the victims a heavy amount of money to the victims so that the victims can be able to reach a claim for the monetary value. Therefore, the first instance court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The first instance court’s judgment on the grounds of unfair sentencing of both parties, which affected the conclusion of the judgment, is excessively less or unreasonable.

B. On August 7, 2013, the second instance court's assertion of mistake of facts against the Defendant's second instance court's judgment, which acquitted the Defendant on the fact that the Defendant acquired 100,000 won from the victim's 40,000 won, while recognizing that the Defendant acquired 100,000 won from the victim, but it is also recognized that the Defendant acquired 40,000 won from the victim's misunderstanding in light of the credibility of the above victim's statement. Thus, the second instance court's judgment erred by misconception of facts and affecting the conclusion of the judgment. 2) As to the crime of each attack under subparagraph 1 of the second instance's crime of 2013Da5341 of the Defendant's misunderstanding of facts, the Defendant did not have the same attitude as the Defendant would inflict harm on U.S., and

Therefore, the judgment of the court below that found the above conflict guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

3) The second sentence of the lower court on the assertion of unfair sentencing by both parties ( ① a crime under paragraph (3) of the 2013 Highest 5341 ruling and a crime under paragraph (2) of the 2013 Highest 5606 (Joint) ruling of the 2013 Highest 5606 (Joint), six months of imprisonment with prison labor, two years of suspended execution, and ② a crime under paragraphs (1) and (2) of the 2013 Highest 5341 ruling.

2. Public prosecutor of the judgment of the court of first instance.

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