(영문) 대구지방법원 2020.01.09 2019노2939 | 리걸엔진

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(영문) 대구지방법원 2020.01.09 2019노2939

공갈

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The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

3,500,000 won shall be additionally collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not receive money from a victim under the pretext of a mistake of facts. Nevertheless, the judgment of the court below convicting each of the facts charged of this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The punishment sentenced by the court below of unfair sentencing (two years of imprisonment, additional collection 33.5 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. Comprehensively taking account of the following facts admitted by the lower court and the evidence duly admitted and examined by the lower court as to the Defendant’s assertion of mistake of facts, the fact that the Defendant received money and valuables from the victim under the pretext of solicitation for a case handled by a public official at the same time, as stated in the instant facts charged, can be sufficiently recognized.

① The victim stated the date on which 3.5 million won was paid to the Defendant as “ March 3, 2016.” On March 4, 2016, the victim made a concrete and consistent statement from an investigative agency to the lower court, on the following grounds: (a) the amount and circumstances of the amount of money paid to the Defendant, other than the changed matter.

On March 3, 2016, the victim’s payment date of KRW 3.5 million was wrong and wrong. On March 4, 2016, the victim confirmed the credit card payment date at the E hotel coffee shop and corrected the payment date.

It is difficult to doubt the credibility of the victim's statement only by such change of statement.

② On March 4, 2016, H, which introduced the Defendant to the victim, stated at an investigative agency that the Defendant had received KRW 2.5 million from the victim by telephone, and the lower court also stated that the amount is KRW 2.5 million.

However, according to the currency between the Defendant and H, the Defendant did not state the amount of money to H, and 50,000 won from the victim.

유사 판례

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