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(영문) 서울동부지방법원 2017.01.26 2015노1536
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendants (1) Defendant A’s punishment (2 million won) is too unreasonable.

(2) Defendant B and C did not submit a written reason for appeal within the period for submission of the legitimate reason for appeal, and did not state the reason for appeal in the petition of appeal, and cannot find out any reason for ex officio investigation even after examining the judgment below.

B. In full view of the evidence by the prosecutor (1) and the evidence, the court below found the Defendants guilty of violating the Punishment of Violences, etc. Act (joint attack). However, the court below acquitted the Defendants of this part by misunderstanding the facts.

(2) As to all the Defendants, each sentence against the Defendants (Defendant A: fine of 2 million won, Defendant B, and C: each fine of 1 million won) of the lower court’s unjust sentencing (as to all the Defendants), is too uneased and unreasonable.

2. Determination

A. (1) On October 14, 2014, the Defendants jointly commit a violation of the Punishment of Violence, etc. Act (joint conflict) against the Defendants, and send to the victims G (36 years old) who are the head of business at the third floor of the Songpa-gu Seoul E E building at around 02:30 on October 14, 2014, the Defendants jointly commit a violation of the said Act (joint conflict) to the Defendants, and send to the victims G (36 years old) who are the head of business.

The defendant C, who was refused but did not have to bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch bitch 2 bitch bitch bitch bitch bitch bitch bitch bnd bitch bitch bitch bitch bitch bitch bitch bnd bitch bitch bitch mar, and the defendant sent a beer mick at stud studs to the victim, etc. under the situation where the head of the chest and the arms appear. The defendant sent it out to the victim, etc., "I have a life in the process of transmitting them."

Defendant B, like organized violence, is aware of the 90 road personnel and show Defendant C and the text of both arms are visible.

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