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(영문) 인천지방법원 2018.01.25 2017노2641
폭력행위등처벌에관한법률위반(공동협박)
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 1,00,000 won, and a fine of 50,000 won, respectively.

Reasons

1. The summary of the grounds for appeal is that the punishment (Defendant A’s fine of KRW 2 million; Defendant B’s fine of KRW 1 million) set by the court of the original instance is too unreasonable.

2. The degree of damage caused by intimidation is not severe, and the defendants are led to the confession of the crime and are contrary to it in the past.

In the first instance, the victims did not want the punishment of the Defendants (not only two kinds of monetary compensation). There are no criminal records of the same kind, but also criminal records.

In addition, considering the various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances before and after the commission of the crime, it is unreasonable to render the sentence of the court below as it is.

3. In conclusion, the defendants' appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is so decided as per Disposition on the following grounds through a new theory of change.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act concerning the crime, Article 2 of the Act on the Punishment of Violences, etc., Article 2 of the Criminal Act, Article 283 (1) of the Criminal Act, and selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The main sentence of Article 186 (1) and Article 187 of the Criminal Procedure Act;

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