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(영문) 부산지방법원 2014.09.19 2014노2399
공갈등
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of imprisonment (ten months of imprisonment) of the original judgment is too unreasonable.

2. In light of the judgment, although the defendant committed each of the crimes of this case during the repeated crime period, the defendant recognized each of the crimes of this case, agreed to by the defendant with the victims, the amount of harm to the public, and the degree of injury is not significant. Considering all the circumstances leading to each of the crimes of this case, the progress and progress thereof, the age, occupation, and all other matters concerning the sentencing as shown in the records and arguments of this case, the judgment of the court below is unreasonable, and therefore the defendant's assertion is justified.

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

Criminal facts

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

Application of Statutes

1. Article 314 (1) of the relevant Criminal Act, Article 350 (1) of the Criminal Act, Articles 352 and 350 (1) of the Criminal Act, Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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

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

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