logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.01.10 2018노799
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the defendant not guilty on the charge of extortion among the facts charged, and the prosecutor did not appeal on the part of innocence.

Therefore, the judgment of the court below is separated and finalized as it is, and the scope of the judgment of this court is limited to the remaining charges.

2. Summary of grounds for appeal;

A. As to each of the facts of the crime of this case in mistake of facts, the victims' freedom of action is difficult to be deemed to have been restricted due to psychological and intangible disabilities, in light of the building of this case, representative room, and office structure of the victims, and the victim's usual interview, quality, and legitimacy was established against the victims who met the victims, victims' H and I could have a representative room at any time, and in the case of joint confinement of victims M, many insurance solicitors who work outside the representative room at the time were allowed to attend the representative room. In the case of joint confinement of victims M, the defendant did not threaten the victims or failed to correct the representative room, and the defendant did not instruct the victim B and C to leave the entrance. In light of the fact that the victim was discharged from active service and the victim's access and movement was possible, the judgment of the court below guilty in this part of the facts charged.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, three years of suspended execution, and 160 hours of community service order) is too unreasonable.

3. Determination

A. The Defendant also asserted the same purport as the grounds for appeal in the judgment of the court below regarding the assertion of mistake of facts, and the court below acknowledged the credibility of the statement of the victims by providing a detailed statement in the “judgment on the argument of the Defendant and the defense counsel.”

arrow