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(영문) 부산지방법원 2013.07.26 2012노4014
공갈등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

Reasons

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for a year and six months, a stay of execution for a period of four years, a period of two years: imprisonment with prison labor for a period of ten months) declared by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the case No. 2012No4014 of this Court, which is the appeal case against the judgment of the court of first instance, and the case No. 2013No1597 of this Court, which is the appeal case against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of first instance. Each of the crimes of the judgment of the court below No. 1 and No. 2, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, shall be sentenced to a single sentence within the scope of the term of punishment aggravated pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above reasons for reversal of authority, and it is again decided as follows.

Criminal facts

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

Application of Statutes

1. Relevant Article 350 (1) of the Criminal Act and the choice of punishment for the crime, Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., and the choice of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. lies in the fact that the instant scopon medication was relatively minor only once, and the victim, who is a long period of time, does not want the punishment of the defendant, since the damage to the instant scopon medication was recovered.

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