(영문) 광주지방법원 2017.05.18 2017노1167 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2017.05.18 2017노1167

공갈등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. The crime of this case, each of the following is unfair: (a) the Defendant sent a letter of intimidation to report illegal entertainment rooms and sexual traffic business establishments without sending money to the owners of marina business establishments; (b) the Defendant attempted to withdraw money from the four victims; (c) the crime of this case is very poor in light of the method, content, frequency, etc. of the crime; and (d) the Defendant committed each of the crimes of this case only one month in which he was released without being aware of the repeated crime of fraud, robbery, robbery, robbery, etc.; and (e) the Defendant committed each of the crimes of this case on nine occasions (five times of the sentence of this case) criminal punishment due to the crime of robbery, robbery, robbery, robbery, etc.

However, it seems that the defendant's mistake seems to be against the defendant, that the amount of damage is not relatively large, and that the victims of the crime of extortion do not want punishment against the defendant, and that they are trying to recover damage up to the depth of the party.

In addition, in full view of the defendant's age, sex, environment, family relationship, circumstances after the crime, and various sentencing conditions shown in the records and arguments of this case, the sentence of the court below seems to be somewhat inappropriate.

The grounds for appeal are with merit.

3. The decision 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, and the decision is delivered again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 350(1) of the Criminal Act (a) and Article 352 of the Criminal Act concerning criminal facts and the choice of punishment.

참조조문

-형법 제350조 제1항

-형법 제352조

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