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(영문) 서울중앙지방법원 2019.07.05 2018노3753
폭력행위등처벌에관한법률위반(공동공갈)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and two months) imposed by the lower court is too unreasonable.

The defense counsel asserts that there is procedural illegality because the defendant was not served a written indictment by five days prior to the date of the first trial of the court below. However, the above misapprehension of legal principles is not within the scope of the appellate court's trial pursuant to Article 364 (1) of the Criminal Procedure Act, since it was submitted to this court on May 3, 2019, after the deadline for filing the appellate brief is too excessive.

Furthermore, according to the records, it is recognized that the defendant was not served a written indictment 5 days prior to the date of the first trial of the court below. However, as long as the facts charged are acknowledged without raising any objection on the trial at the end of meeting with a defense counsel prior to the date of the first trial of the court below, the above defects are cured and the results of the judgment do not affect the conclusion of the judgment, it is difficult to view that there

2. Since there is a change in circumstances in which the defendant deposited KRW 500,000 for the victim'sO after the decision of the court below was rendered, the sentence of the court below previously rendered is somewhat unreasonable.

Defendant’s assertion is with merit.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below shall be ruled as follows

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and thus, it shall be quoted in accordance with Article 369 of the

Application of Statutes

1. Article 2 (2) 3 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 2 (2) 3 of the Punishment of Violences, etc., Article 350 (1) of the Criminal Act (the point of joint conflict), Articles 6 and 2 (2) 3 of the Punishment of Violences, etc. Act, Article 350 (1) of the Criminal Act (the point of attempted joint conflict), the selection of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

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

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