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(영문) 인천지방법원 2014.08.13 2014노2002

폭력행위등처벌에관한법률위반(공동공갈)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant has no criminal conviction of the same kind or imprisonment without prison labor or any heavier punishment and most of the damages have been recovered, the sentence of the court below is too unreasonable.

Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they shall be quoted by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act, Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Articles 350(1) and 30 of the Criminal Act, Articles 6 and 2(2) and (1)30 of the Punishment of Violences, etc. Act, Articles 350(1) and 30 of the Criminal Act, Articles 350(1) and 30 of the Criminal Act, Articles 350(1) and 30 of the Criminal Act, Articles 350(1) and 30 of the Criminal Act,

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision on the Grounds for Appeal);

1. Article 48 (1) 1 of the Criminal Act to be confiscated;