beta
(영문) 서울북부지방법원 2015.10.28 2015노1034

특수협박등

Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The reasoning of the appeal by the Defendant is that the sentence of the lower court (one year of imprisonment, two years of suspended execution, and confiscation) is too unreasonable.

B. The Prosecutor’s grounds of appeal are too unabundably unreasonable.

2. In the trial of the court below, the prosecutor made an application for changes in the indictment, name of the crime, and applicable provisions of the law in the case of the court below 2014Da4350, and the application for changes in the indictment and applicable provisions of the law in the case of the court below, respectively. Since the party members permitted changes in the subject of adjudication, the court below's judgment cannot be maintained any more

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the two parties' grounds for reversal, and it is so decided as follows.

【Discrimed Crime】

1. On August 18, 2014, the Defendant expressed, at around 22:10 on August 18, 2014, 2014, the victim D (32 years of age) who had worked there, without any justifiable reason, expressed that D (32 years of age) who had worked there was “Chewing sprinking” and continued to use excessive (11cm in length, 11cm in length, 11cm in knife) which is dangerous articles in the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the back of the victim, and threatened the victim with knife.

Accordingly, the defendant carried dangerous objects and threatened the victim.

2. Around 17:00 on December 23, 2014, the Defendant, at the first basement of the Bodaemun Station located in Seongbuk-gu, Seongbuk-gu, Seoul, Seongbuk-gu, 116, expressed the victim E(15 years of age) who boarded from E(15 years of age) and the victim F(15 years of age) with a desire without any justifiable reason, and threatened the victims with a deadly weapon, which was prepared in advance.

Summary of Evidence

The summary of evidence admitted by a member is the same as the corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The corresponding provisions of the Criminal Act concerning criminal facts; and