(영문) 수원지방법원 2018.02.20 2017노9414 | 리걸엔진

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(영문) 수원지방법원 2018.02.20 2017노9414

폭력행위등처벌에관한법률위반(공동공갈)등

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All appeals by the Defendants and by the Prosecutor against Defendant B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B and the defense counsel (1) (the violation of the Punishment of Violences, etc. Act (joint conflict) out of the facts charged in the instant case) did not demand the amount of money by threatening the victim C in collaboration with Defendant B as stated in the facts charged.

Nevertheless, the lower court found the Defendant guilty of violating the Punishment of Violences, etc. Act (joint conflict) among the facts charged in the instant case, thereby misunderstanding the facts, thereby adversely affecting the conclusion of the judgment.

(2) In light of the fact that: (a) Defendant B was sentenced to eight months of imprisonment on July 12, 2017 due to a violation of the Punishment of Violences, etc. Act (joint assault) at the Suwon Flag Flag method; and (b) on October 28, 2017, the said judgment became final and conclusive; (c) the instant crime and the said offense, for which the judgment became final and conclusive, should be considered at the same time in relation to the relationship of concurrent crimes after Article 37 of the Criminal Act; and (d) the said offense ought to be considered at the same time in relation to the case of concurrent crimes; and (e) the lower court’s sentence that sentenced Defendant B to

B. In light of the fact that Defendant C (unfair sentencing) recognized the error of Defendant C and reflects it, and the economic situation is difficult, the sentence of the lower court that sentenced Defendant C to a fine of KRW 3 million is too unreasonable.

(c)

In light of the fact that the prosecutor (unlawful in sentencing) did not reflect the error of Defendant B, and there are many records of juvenile protective disposition and criminal punishment due to violent crimes, the crime of this case was committed during the period of repeated crime, and the compensation for damage was not made, etc., the sentence imposed by the court below against Defendant B is too unreasonable.

2. Determination

A. As alleged in the grounds of appeal, Defendant B asserted that there was no fact of demanding or acquiring money by threatening the victim C, in collaboration with Defendant B, as otherwise alleged in the grounds of appeal, and the lower court jointly with Defendant B.

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

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