(영문) 인천지방법원 2015.10.28 2015노2729 | 리걸엔진

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(영문) 인천지방법원 2015.10.28 2015노2729

폭력행위등처벌에관한법률위반(공동공갈)등

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. The ex officio judgment prosecutor applied for changes of the Act on the Punishment of Violences, etc. to "special assault" in the name of the crime in the trial of the party, and "violation of the Punishment of Violences, etc. Act (collectively weapons, etc.)" as "special intimidation", "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) of the Criminal Act" among the applicable provisions of Articles 261 and 260 (1) of the Criminal Act, "Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 283 (1) of the Criminal Act" as "Articles 284 and 283 (1) of the Criminal Act", and the judgment of the court below was partially changed to the subject of the judgment by permitting it.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged by the defendant and the summary of the evidence are as follows: the crime of the court below [2015Kadan509] Item 2 of Article 2 of the Punishment of Violences, etc. Act as "special assault, violence" from "violation of the Punishment of Violences, etc. Act (collectively weapon, etc.)"; [2015Kadan746] Item 1 of Article 2 of the Punishment of Violence, etc. Act as "special assault" from "violation of the Punishment of Violences, etc. Act (collectively weapon, etc.)"; and the title title in Paragraph 2 of the same Article as "special intimidation" from "Violation of the Punishment of Violences, etc. Act (collectively weapon, etc.)"; and it is obvious that the corresponding part among the facts charged is omitted; therefore, it is the same as the corresponding column of the court below's judgment except for addition to the last part of the facts charged.

3. The Defendant is embezzled.

참조조문

-폭력행위 등 처벌에 관한 법률

-폭력행위 등 처벌에 관한 법률 제2조 제1항 제1호

-폭력행위 등 처벌에 관한 법률 제3조 제1항

유사 판례

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