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(영문) 창원지방법원 2015.09.09 2015노1639

공갈등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) shall be excessively unreasonable.

2. The judgment of the court below is somewhat unreasonable in view of the circumstances favorable to the defendant, such as the crime of violation of the Punishment of Violences, etc. Act, the crime of property damage, the crime of interference with business, etc., and the defendant committed each of the crimes of this case again even during the repeated period, and the defendant repeats the same and similar crimes against the unspecified unspecified merchants without any particular reason. However, the defendant is forced to confession and reflect each of the crimes of this case, the victims do not suffer damage, and the victims do not want to be punished. Some victims agree with the defendant, the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Committee of the Supreme Court (at least 10 months of imprisonment) and other favorable circumstances such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is as follows, except for the addition of “1. Defendant’s current trial statement” in the summary column of each evidence among the reasons of the judgment of the court below, and therefore, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act (Interference with business and choice of imprisonment) and Article 350(1) of the Criminal Act concerning criminal facts; and