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(영문) 광주지방법원 2017.07.04 2016노3336

협박등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds for appeal is too unreasonable as each of the original judgments is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, this Court decided to concurrently examine the appeal cases against the lower judgment. Each of the lower judgment against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment, which increased concurrent crimes in accordance with Article 38(1) of the Criminal Act. As such, the lower judgment cannot be maintained.

3. Thus, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 283(1) of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation), Article 257(1) of the Criminal Act (the point of harm) and choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. To observe the protection and surveillance, and to commit each of the crimes of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, each of the crimes of this case is committed by the defendant when he/she was in his/her own wife, and send the text message to his

As intimidation, the nature of the crime is not easy.

However, all of the crimes of this case are recognized by the defendant, and the degree of injury of the wife is relatively minor.

The defendant has already agreed with the wife at the investigation stage, and the wife does not want the punishment of the defendant, and continuously want the wife to take the action against the defendant up to the trial of the defendant, and is also the child of the wife.