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(영문) 대구지방법원 2013.05.10 2013노597

공갈등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

provided that this ruling has become final and conclusive.

Reasons

1. The sentence imposed by the court below (one year of imprisonment, additional collection of 50,00 won) is too unreasonable.

2. The judgment of the defendant is necessary to strictly punish the crime of this case by running the news room business, obstructing the bar business business as a result of organized violence, obstructing the business of the bar business, taking cash into account, not only the nature of the crime but also the history of punishment several times for violent crimes, as long as the period of probation has expired.

However, if the victim G, E and the other victims were agreed smoothly, and the court below deposited a considerable amount of money as damages for the other victims, the defendant's living in custody for about six months, and the defendant did not repeat again, and the defendant's age, character and behavior, environment, motive, means and result of the crime of this case, and all of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, the motive, means and consequence of the crime of this case, the circumstances after the crime, etc., are examined, the sentence imposed by the court below is too unreasonable, and the above argument of the defendant is justified

3. As such, the defendant's appeal is reasonable, and the guilty part of the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 283(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 30 (a) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act (Article 1-2(1) of the Criminal Act, Article 314(1) of the Criminal Act (Article 1-2(1) of the Criminal Act, Article 314(2) and (3) of the Criminal Act, Article 350(1) of the Criminal Act, each of which is applicable