beta
(영문) 부산지방법원 2013.08.16 2013노1710

폭력행위등처벌에관한법률위반(공동공갈)등

Text

The judgment below

Of the judgment of the court below against Defendant A

B. (2) The part concerning the crime shall be reversed.

Defendant

A.

Reasons

1. Summary of the grounds for appeal No. 1: Crimes No. 1 and No. 2 of the judgment of the court below and No. 3-A of the judgment of the court below

B. (1) Imprisonment with prison labor for 8 months and No. 3-2 of the decision of the court below

B. (2) Two months of imprisonment with prison labor for the offence, Defendant D: fine of two million won is too unreasonable.

2. Judgment on Defendant A

A. Crimes Nos. 1 and 2 of the holding of the court below and No. 3-A of the holding of the court below;

B. (1) It is recognized that there was an agreement with the victims of the instant vehicle attack, that the victim AA did not want the punishment of the Defendant, that the amount of damage was not significant in the case of a special larceny crime, that the Defendant recognized all of the instant crimes and is in profoundly against the Defendant, and that there was a child to be supported.

However, the crime of this case, after selling a car in the name of the person who is a minor who has purchased a car in the name of the person with the previous name due to the imposition of an administrative fine, etc. from the person with the intention of attracting the victims who are minors to a parking lot at night, and taking the vehicle in cooperation with his accomplices, and repeatedly, committing the thief in the lodging room in the manpower office, and driving the thief in the 500km or the string vehicle without a license in light of the criminal law and the number of times, etc., it is not easy to give a sentence in light of the facts favorable to the defendant and the favorable circumstances of the defendant, and considering all other circumstances that are conditions for the sentencing such as the defendant's age, environment, family relations, occupation, etc., the crime of this case as stated in the judgment of the court below and the third-A of the judgment of the court below,

(b) cannot be deemed to be too unreasonable that (i) punishment for a crime is too unreasonable;

Therefore, this part of Defendant A’s assertion is without merit.

B. No. 3 of the decision of the court below

B. (2) In regard to a crime, the Defendant is at the District Court of Jung-gu on November 15, 201 at the Goyang Branch of the District Court in order to impose a fine of two million won for a violation of the Road Traffic Act (unlicensed Driving). < Amended by Act No. 11000, Nov. 17, 2011.

참조조문