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(영문) 인천지방법원 2015.09.18 2015노2091
존속협박
Text

The judgment of the court below is reversed.

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

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. The court below's punishment against the defendant is somewhat unreasonable in light of the following circumstances: (a) the crime of this case was committed in light of the process and contents of the crime, the frequency of the crime, etc.; (b) the fact that there is no agreement with the victim; (c) the criminal records of the same criminal record and the criminal records of several times of violent crimes were committed; (d) the defendant both led to confession and reflect against all of the crimes of this case; and (e) the crime of this case was committed on January 28, 2015 by the court sentenced to three years of imprisonment with prison labor on April 9, 2015; and (e) the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of violation of the Punishment of Violence, etc. Act (a deadly weapons, etc.) which became final and conclusive on April 9, 2015.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 283 (2) and (1) of the Criminal Act concerning the facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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