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(영문) 인천지방법원 2016.01.13 2015노4111
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All the judgment below is reversed.

Defendant

C The crime of violation of the Punishment of Violences, etc. Act (joint conflict) is committed.

Reasons

1. The main point of the grounds for appeal is that each punishment against the Defendants is too unreasonable.

2. In full view of all the sentencing conditions shown in the records and arguments of the instant case and the Defendants’ age, Defendant C’s entire victims, Defendant F’s agreement with the victims, etc., the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is therefore justified, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the Defendants and the summary of the evidence recognized by this court are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant C: Articles 2(2), 2(1)3, and 350(1) of the Punishment of Violences, etc. Act; Articles 152 subparag. 1 and 43 of the Road Traffic Act; Article 362(1) of the Criminal Act

B. Defendant F: Articles 331(2), 331(1), and 30 of the Criminal Act

1. With respect to the crimes of violation of the Punishment of Violences, etc. Act (joint conflict), the proviso of 2015, the proviso of 1498, the crime of violation of the Road Traffic Act (unlicensed driving), the punishment of imprisonment, stolen transport, and the crime of violation of the Road Traffic Act (unlicensed driving) in the case of the proviso of 2015, the punishment shall be punished by a fine, respectively;

1. Defendant C who handles concurrent crimes: The latter part of Article 37 of the Criminal Act: Article 39 (1) [the crimes of violation of the Punishment of Violences, etc. Act and the Violation of the Road Traffic Act (Non-licenseless Driving) in the case of 2015 Goand 1498, and the violation of the Punishment of Violences, etc. (a collective deadly weapon, etc.) in which judgment becomes final and conclusive;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Defendant F to be mitigated: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant C at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Defendant C: Article 62(1) of the Criminal Act (the grounds for appeal)

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