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(영문) 서울서부지방법원 2013.05.02 2013노53

폭력행위등처벌에관한법률위반(상습공갈)등

Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Attached 2. Of the facts charged in the instant case

Reasons

Summary of Grounds for Appeal

The prosecutor misjudgments the gist of the reasons for appeal of the prosecutor (not guilty part of the judgment of the court below) filed an application with the court below as a witness for the P, which is the direct victim of each crime committed as set forth in the annexed No. 1 through No. 5 of the crime sight table No. 3 to No. 5 of the court below, but the court below dismissed the prosecutor's application for witness, and then acquitted each part of the annexed No. 1 to No. 5, No. 5, 7, and 8 of the facts charged in each of the following cases. The court below

The sentence sentenced by the court below of unfair sentencing (ten months of imprisonment) is too unhued and unfair.

The sentence imposed by the court below on the defendant is too unreasonable.

Judgment

We examine ex officio the prosecutor's decision and the defendant's reasons for appeal.

Where there is an application for modification of a bill of indictment filed by a prosecutor who withdraws all the facts charged in relation to substantive competition, and the purport of revoking the part of the indictment is clear, it shall be deemed as cancellation of the prosecution even if it does not meet the form of application for cancellation of the prosecution.

(See Supreme Court Decision 88Do67 delivered on March 22, 1988, etc.). According to the records of this case, the prosecutor applied for the amendment of the indictment to the effect that the prosecutor withdraws the facts charged as to the part concerning the defendant's obstruction of business on the fourth trial of the court below on December 6, 2012 from among the facts charged as to obstruction of business against the defendant on the fourth trial of the court below, and the court below acknowledged the same day. As long as the withdrawn facts charged are in a substantive relationship with the remaining facts charged, the indictment for the above part shall be deemed to have been revoked in accordance with the amendment of the indictment.

Therefore, in such a case, the lower court revoked the public prosecution pursuant to Article 328(1)1 of the Criminal Procedure Act.