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(영문) 수원지방법원 2015.07.17 2015노1804

강요미수등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The crime committed by the Defendant against the victim, such as injury, intimidation, confinement, etc., and coercions the victim who was the victim of his criminal case by threatening the victim to receive a written withdrawal of the complaint and a written application for no punishment from F, which is not good.

However, in full view of the following circumstances: (a) the Defendant was recognized as committing the instant crime when it comes to the trial; (b) the Defendant has no record of punishment for the same kind of crime; (c) the degree of injury suffered by the victim is difficult to be deemed as heavy; (d) the crime of coercion is also an attempted crime; (b) the Defendant should take into account equity with the case where the Defendant was punished together with the crime finalized as stated in the first head of the crime of the lower judgment; and (c) other various circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the sentence imposed by the lower court is somewhat inappropriate, and thus, the Defendant

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

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

Application of Statutes

1. Article 257(1) of the Criminal Act, Article 283(1) of the Criminal Act, Article 276(1) of the Criminal Act, Article 324-5 and Article 324 of the Criminal Act, Article 324 of the Criminal Act, Article 257(1) of the applicable law, the choice of punishment for the crime, and the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;