(영문) 광주지방법원 2018.09.04 2018노1716 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 광주지방법원 2018.09.04 2018노1716

강요미수등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged that the Defendant would need to pay 30 million won for the promotion of Class 5 to T, but actually did not receive 30 million won from T.

B. The punishment of the lower court (the punishment of two years of imprisonment, the fine of one million won, the additional collection of KRW 30450,000) is too unreasonable.

2. Determination

A. 1) Determination as to the assertion of mistake of fact i.e., T’s statement that corresponds to the facts charged in violation of the law by the lower court is partially unclear due to the limit of memory. However, in light of the fact that, at the time when the court of the lower court and the prosecutor’s office delivered KRW 30 million to the Defendant and the situation before and after the issuance of the Defendant, and the financial source of KRW 30 million, etc., and the attitude of testimony was also consistent and specifically stated in lieu of the circumstances to suspect credibility, the circumstances to suspect credibility are not peeped, and that there is insufficient motive for the Defendant to be subject to criminal punishment by taking over the risk of perjury, the charges of violation of the law of defense can be recognized.

2) In addition to the following circumstances that can be recognized by the original judgment and the evidence duly adopted and examined by the court below, the above determination by the court below was just and did not appear to be remarkably unfair to maintain the first instance judgment as to the credibility of T’s statement in the first instance court.

The court below erred by misapprehending the facts as alleged by the defendant.

subsection (b) of this section.

Defendant’s assertion is not accepted.

The Defendant made T’s statement on the source of KRW 30 million (T collected cash every month from her mother to prepare 30 million won.

The author argues that it is impracticable to believe that the person is not aware of the fact.

However, T's mother-friendly Y is present as a witness of the trial and is paid every month while living together with the defendant.

유사 판례

-인천지방법원 2016.06.03 2015노2582

-수원지방법원 2017.02.02 2016노8351

-광주고등법원 2013.07.25 2013노22

-수원지방법원 2018.10.12 2018노4853

-대구고등법원 2016.05.31 2015노662