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(영문) 부산지방법원 2017.04.20 2016노4469

공갈등

Text

The judgment of the court below is reversed.

From among crimes No. 2 of the judgment of the defendant, he/she shall be punished by imprisonment with prison labor for the crimes No. 1 of the attached list of crimes.

Reasons

1. The sentence imposed by the lower court on the summary of the grounds for appeal (around October 2013: 2 months and January 6 of the remainder) is too unreasonable.

2. The crime of conflict and interference with business of this case committed by the defendant is committed within 3 years after the defendant was released from the crime of violation of the Punishment of Violences, etc. Act (the organization and activities of organizations, etc.) or of violation of the Punishment of Violences, etc. Act (the crime of this case) by 30 minutes, including that the defendant took money from the victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's victim's knife knife knife, etc.

However, the fact that the sum of the amount that the defendant taken over by the defendant is not larger than 3.6 million won, the victim agreed with the court below, and the victim submitted a written agreement to the effect that the defendant wanting to take the defendant's preference in the trial of the party, the victim seems to have some aspects of his personal relation, such as giving the defendant a fright after the defendant's death as his father's father's father's path, and taking into account his personal relation, such as giving the defendant a frighten, etc., the crime of attacking around October 2013 is in a concurrent relationship under the former part of Article 37 of the Criminal Act with the violation of the Punishment of Violence, etc. Act (joint conflict) in which the judgment became final and conclusive, and the defendant and his mother are family members to support, such as the defendant's character and behavior, the environment, and the past conviction, etc., it is recognized that the sentence imposed by the court below is unfair because it is inappropriate for the defendant.

[Judgment] The summary of facts constituting an offense and evidence admitted by this court is identical to the facts constituting an offense and the summary of the evidence, except that the phrase “one year of imprisonment” as “ten months of imprisonment,” as stated in each corresponding column of the judgment below.