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(영문) 수원지방법원 2016.06.03 2016노2169
마약류관리에관한법률위반(향정)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and five months.

Seized evidence No. 3 (the Suwon District Public Prosecutor's Office.)

Reasons

1. Summary of grounds for appeal;

A. As to public conflicts among the facts constituting the crime in the judgment below, the Defendant received money from the injured party at the time of the instant case only in total of KRW 13.7 million, and there was no cash worth of KRW 6 million.

In addition, the defendant did not threaten the victim, and only 100,000 won is a donation to the victim, and 11,60,000 won is the money borrowed from X through the introduction of the victim.

B. The punishment of the lower court (a year and six months of imprisonment, confiscation, additional collection of KRW 3.1 million) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On March 2015, the Defendant, among the facts charged in the instant case, went on the way near V building parking lots in Gyeonggi-si, Gyeonggi-si, and went on to the victim W (42 tax) in Daejeon.

He will not leave the body of the public prosecutor's office.

If you do not know money, you will be bound by the report of capital.

The phrase "the victim was crypted by the victim."

The Defendant received 13.7 million won over six occasions from the victim who frightened the victim, and transferred 6 million won in cash to the account, and received 19.7 million won in cash.

Accordingly, the defendant received property by threatening the victim.

B. W’s statement of judgment (if the Defendant did not give money as stated in the facts charged, he saw that he was frighting as if he reported to the investigation agency about the fact that he had narcotics.

Comprehensively taking account of the evidence, including the following facts, from the investigative agency to the court below’s consistent statement, the Defendant threatened the victim on March 2015 as charged, and the victim b.1 million won to the Defendant on May 7, 2015, and around that time, delivered cash of KRW 80,000 (the trial record 261 pages, 27 pages), and X on May 1, 2015 upon the victim’s request.

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