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(영문) 대구지방법원 2014.06.27 2014노743
공갈등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for a maximum of one year, and short of ten months) of the lower court is too unreasonable.

2. Ex officio determination of ex officio, the defendant was Rins and was sentenced to an irregular term of punishment pursuant to Article 60(1) of the Juvenile Act at the time of the pronouncement of the judgment of the court below, because it is apparent that the defendant reached the age of 19 and reached the age of 19. Thus, the judgment of the court below that sentenced the defendant to an irregular term of punishment was no longer maintained as above.

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

Criminal facts

The summary of the facts and evidence recognized by the court is the same as 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. Article 257(1) of the Criminal Act, Article 350(1) of the Criminal Act, Article 324 of the Criminal Act, Article 136(1) of the Criminal Act concerning the crime in question

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties against E, the crimes of injury, and the punishment imposed on heavier injury);

1. Selection of imprisonment with prison labor for each of the crimes of inflicting an injury upon the option of the punishment, assault, and obstruction of performance of official duties;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders prevents the Defendant from committing an act that does not have any obligation to inflict injury on the victim C, who is confined to prison, while being sentenced to imprisonment with prison labor for a maximum of three years on January 25, 2013, while serving a prison life for a maximum of four years.

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