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(영문) 대전고등법원 (청주) 2015.02.12 2014노221
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The judgment below

The part against the defendant shall be reversed.

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

except that this judgment.

Reasons

1. The gist of the reasons for appeal is that the original court’s punishment (two years of imprisonment with prison labor for a maximum term, one year and six months) is too unreasonable;

2. Before determining the Defendant’s assertion of unreasonable sentencing ex officio, the Defendant was a AC student and the Defendant was a juvenile as provided in Article 2 of the Juvenile Act at the time of the declaration of the lower judgment. However, it is apparent that the Defendant was adult during the trial. As such, the lower court’s judgment that sentenced the Defendant to an unreasonable sentence was no longer maintained.

3. If so, without examining the Defendant’s assertion of unfair sentencing, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below. Thus, all of them shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 350 (1) of the Criminal Act; Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act; Article 2 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 257 (1) of the Criminal Act; Article 5-9 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 283 (1) of the Criminal Act;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the largest penalty);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Each of the crimes of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act was committed several times by taking money from victims G, causing bodily injury, and informed the police of the above crimes.

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