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(영문) 의정부지방법원 2019.06.13 2019노31
특수협박등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. Summary of the grounds for appeal each sentencing (the first and second sentences of the lower court: One year each by imprisonment);

2. The judgment of the court below and the judgment of the court below in the first and second instances are sentenced to the defendant in the judgment of ex officio (joint review). The defendant filed an appeal against the judgment of the court below in the first and second instances, and the court decided to hold concurrent hearings. The crimes of the court below in the first and second cases against the defendant are concurrent crimes in the former part of Article 37 of the Criminal Act, and one punishment should be sentenced in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below in the first and second instances cannot be maintained

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

[C] The Criminal facts and the summary of evidence against the defendant recognized by the court are identical to the corresponding columns of the judgment of the court of first and second instance. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 284, 283(1) of the Criminal Act, Articles 369(1) and 366 of the Criminal Act, Article 257(1) of the Criminal Act, Article 314(1) of the Criminal Act, the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, a person who is serving the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes: The defendant has a history of having been punished several times for violent crimes; in particular, a person who, due to a small-scale illness, flags another person's head and flag abb by using it and inflicted bodily injury upon another person by using it, committed each of the crimes in this case again during the period of repeated crimes, after being sentenced to imprisonment on July 16, 2015, and again committed each of the crimes in this case during the period of repeated crimes.

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