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(영문) 서울남부지방법원 2019.10.04 2019노505
공갈등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of five months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (five months of imprisonment) is too unreasonable;

2. The judgment of the court below is somewhat heavy in light of all sentencing factors indicated in the arguments of this case, such as the defendant's age, character and conduct, environment, motive and means of crime, and circumstances after the crime, etc., the amount of profit acquired by the defendant, the amount of public conflict, the amount of damage to C among the victims, the amount of the defendant's like and without criminal records, and the like and heavy criminal records of the defendant.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime in the original judgment, and the summary of evidence is identical to each corresponding column of the original judgment. Thus, they are cited in accordance with Article

Application of Statutes

1. Relevant Article 350(1) of the Criminal Act ( point of conflict), Articles 352 and 350(1) of the Criminal Act ( point of conflict), Articles 352 and 350(1) of the Criminal Act ( point of attempted compromise), the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Prior to the reasons for sentencing under Article 62-2 of the Social Service Order Act, the sentence shall be determined as ordered in consideration of all the circumstances, which are the conditions for sentencing prior to the sentencing.

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