폭력행위등처벌에관한법률위반(상습공갈),폭력행위·등처벌에관한법률위반(상습상해),폭력행위등처벌에·관한법률위반(상습강요),폭력행위등처벌에관한법률·위반(상습재물손괴등)[인정된죄명:폭력행위등·처벌에관한법률위반(상습공갈)]
2012Do5090 Violation of the Punishment of Violences, etc. Act (Habitual Assault), violence
Violation of the Punishment Act (Habitual Injury) and the punishment of violence, etc.
Violation of the Act (Habitual Compellion) and Punishment of Violences, etc. Act
Violations (Habitual destruction, damage, etc. of property): 【recognised Crime: Violence, etc.
A half of the Punishment Act (Habitual Bribery)
1. Bilateral duty0:
Housing Daegu
2. ○○○.
Housing Daegu -
Defendants
Attorney omitted
Daegu District Court Decision 2012No653 Decided April 13, 2012
June 28, 2012
All appeals are dismissed.
The grounds of appeal are examined.
According to the records, the Defendants appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal. In such a case, the allegation that the judgment of the court below erred by mistake of facts or misapprehension of legal principles is not a legitimate ground for appeal.
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a more minor sentence has been imposed on the Defendants, the assertion that the amount of punishment is unreasonable or that there is an error in the misapprehension of
Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Poe-young
Justices Park Il-hwan
Justices Shin Young-chul
Justices Min Il-young