(영문) 서울중앙지방법원 2019.03.28 2018노2592

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(영문) 서울중앙지방법원 2019.03.28 2018노2592

공갈미수등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The lower court dismissed the prosecution as to assault and intimidation among the facts charged in the instant case, and convicted the remainder of the charges.

In this regard, only the defendant appealed against the conviction, and since the prosecutor did not appeal against the dismissal of public prosecution, the dismissal of public prosecution which the defendant and the prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. Summary of grounds for appeal;

A. The fact that the Defendant, while making a mistake of facts and misunderstanding of legal principles (the attempted attempt to commit fraud) on January 26, 2018, demanded that D return KRW 30 million to F Co., Ltd. (hereinafter “F”) on a telephone conversation with D on January 26, 2018.

However, while D, an actual operator of C, obtained money in KRW 30 million as a contract deposit money from F who intends to participate in the business related to the construction of the Gu E Model House, the Defendant introduced F to D without knowing that D or C does not have any authority to construct the above asserted apartment, and subsequently requested D to return the above 30 million won to F by being aware of D’s fraud, which would be difficult to do so, and the Defendant’s above speech and behavior within the permissible extent and scope under the social norms. Thus, the Defendant’s crime of attempted attack is not established.

Nevertheless, the court below found that the defendant threatened D to return the above 30 million won to F and thereby found the defendant guilty of this part of the facts charged. The court below erred by misunderstanding of facts or misunderstanding of legal principles.

B. The lower court’s sentencing (eight months of imprisonment) is too unreasonable.

3. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.

The prosecutor's attempt to commit a crime, damage to property, and invasion.

유사 판례

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