(영문) 대구지방법원 2017.01.11 2016노4694 | 리걸엔진

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(영문) 대구지방법원 2017.01.11 2016노4694

공갈등

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The judgment of the court below is reversed.

The crime No. 1-B and 1-B of the judgment of the defendant is punished by imprisonment with prison labor for one month.

Reasons

1. Summary of grounds for appeal;

A. Each punishment sentenced by the court below (the crime No. 1 of the judgment: Imprisonment with prison labor for two months, the crime No. 1-B, the crime No. 1-B, and the crime No. 2: Imprisonment with prison labor for six months) is too unreasonable.

B. Each of the above types sentenced by the court below by the prosecutor is too unhued and unfair.

2. As to the unlawful argument of sentencing by the Defendant and the prosecutor, each of the instant crimes is acknowledged as having committed most of the instant crimes without being familiar with the period of suspension of execution, even though the Defendant had been sentenced to a fine, suspension of execution, and punishment on more than one occasion due to violent crimes, since each of the instant crimes was committed by the Defendant, by taking advantage of his status as a reporter, or by obstructing the Defendant from taking money or blasting and blasting of rocks by the victim company.

However, when the Defendant made a confession of all of the crimes in the trial for the past, and made a mistake, the amount of the noise is not significant, the victim G was returned to the victim G in the trial for the past, and agreed with the above victim, and the punishment should be imposed in consideration of equity with the case of the concurrent judgment of the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) as stated in the judgment at the same time. In addition, considering all of the sentencing conditions of the instant case, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of each of the instant crimes, and the circumstances after the crime, the sentence imposed by the court below is too unreasonable.

Therefore, the defendant's argument is justified, while the prosecutor's argument is without merit.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading (Provided, That the judgment of the court below is reversed on the grounds of the defendant's appeal.

참조조문

-폭력행위 등 처벌에 관한 법률

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