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(영문) 부산지방법원 2019.05.30 2019노450
협박등
Text

The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. The crime of intimidation by July 10, 2018 and the crime of intimidation by July 11, 2018 are an inclusive crime.

The amount of punishment (six months of imprisonment) determined is unreasonable.

(b) Determination of an amount of punishment imposed on an applicant for inspection (unfair punishment) is unreasonable.

2. Determination

A. The Defendant stated that “The Defendant drafted a letter of intimidation on July 10, 2018 and the letter of intimidation on July 11, 2018, respectively, and that the letter of intimidation on July 11, 2018 was written on that date.”

There is no error in the judgment of the court below that the crime of intimidation by July 10, 2018 and the crime of intimidation by July 11, 2018 are in a substantive concurrent relationship, which affected the conclusion of the judgment in violation of the law.

B. The sentence sentenced by the lower court to determine the sentencing is within the scope of recommended sentences (at least one month of imprisonment) under the attached sentencing guidelines.

In light of the nature of the instant crime and the circumstance that the instant crime was committed during the period of suspension of execution, sentence is inevitable.

However, the sentencing factors agreed with the victim should be reflected in the appellate court.

If this court examines the sentencing factors and other factors of sentencing, the amount of the original sentence is somewhat inappropriate.

3. The appeal by the defendant is justified.

Pursuant to Article 364 (6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and it shall be judged again after pleading

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the judgment of the court below.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act (influences into residence, choice of imprisonment), and Article 283 (1) of the Criminal Act (influences and choice of imprisonment) concerning the crime;

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

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