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(영문) 대전지방법원 2017.12.21 2017노2530
폭력행위등처벌에관한법률위반(공동공갈)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The Defendant’s crime of this case is very poor in light of the course and method of the crime, repetition, and scale of damage, and the fact that the Defendant has the same criminal records is disadvantageous to the Defendant.

However, the court below held that the defendant's confession of his crime and reflects his mistake, and that the defendant made some efforts to recover damage, such as the agreement in the court below's trial from the victims, such as M, N, Q, Q, S, T, U, V, W, X, AB, AE, AH, and K, and that the defendant's age, sex, environment, motive, means and consequence of the crime, and the various sentencing conditions specified in the arguments in this case, such as the circumstances before and after the crime, are somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 350 (1) of the Criminal Act [the joint conflict under Articles 2 (2) 3 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 350 (1) of the Criminal Act [the joint conflict under Articles 2 (1) through 15 of the List of Crimes (1) of the judgment below among paragraph (1)]; Article 2 (2) 3 of the Punishment of Violences, etc. Act; Article 350 (1) of the Criminal Act [the joint conflict under Articles 16 through 18 of the List of Crimes (1) of the judgment below among paragraph (1)]

1. We examine the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act prior to the reasons for sentencing.

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