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(영문) 부산지방법원 2015.07.09 2015노1219

공갈

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The defendant does not pay a fine.

Reasons

1. The sentencing of the lower court (a fine of five million won) is too large and unreasonable.

2. The fact that the defendant committed the crime of this case without being aware of the fact that he had been already punished several times including that he had been punished for the same kind of crime before, but not had been well aware of the fact that the defendant committed the crime of this case. However, considering the following circumstances, the sentencing of the court below is somewhat inappropriate, taking into account: (a) the defendant's acknowledgement of all the crimes of this case and reflects his mistake in depth; (b) the defendant has agreed with the victim; (c) the fairness in sentencing with the same and similar cases of this case; (d) the motive and circumstances leading up to the crime of this case; (e) the motive and circumstance leading up to the crime of this case; (e) the circumstances after the crime of this case

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 350 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;