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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Recognizing the fact that a mistake of fact Defendant has inflicted an injury on the victim by using several violence, but the receipt of money with provisional registration is not by confinement or compromise, not by way of mutual agreement. 2) Of the criminal facts under Paragraph 2 of Article 2 of the Criminal Act, which the lower court found the Defendant guilty of misunderstanding of legal principles, the crime of extortion of KRW 70 million and the remainder of the crime of extortion cannot be deemed as a blanket crime.
3) The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted the same purport, and the lower court rejected the Defendant’s assertion on the grounds that, in full view of these various circumstances, it can be recognized that the Defendant, carrying with himself dangerous objects and detained the victims, and aided the victims to obtain property or property benefits by doing so, in determining the Defendant’s assertion of mistake of facts.
2) In light of the following circumstances, as well as the various circumstances presented by the lower court in its judgment and the evidence duly admitted and investigated by the lower court, the lower court’s aforementioned judgment is justifiable, and there is no error of mistake of facts as alleged by the Defendant. Therefore, this part of the Defendant’s assertion is without merit. According to X’s statement, if the victim borrowed KRW 40 million necessary to purchase the RR land, it is less than 80 million that the victim lent KRW 40 million to the victim (the first instance court 2015 Gohap 76 below the evidence record of the case).