(영문) 대전지방법원 2020.02.13 2019노1775 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2020.02.13 2019노1775

특수공갈등

Text

The judgment below

The remainder, excluding the dismissed part of the prosecution against Defendant B, shall be reversed.

Defendants.

Reasons

1. The lower court dismissed the prosecution against each of the charges against Defendant B, and convicted the Defendants of the remainder of the charges.

However, the prosecutor only filed an appeal against the guilty portion of the judgment below, and the prosecutor submitted the petition of appeal stating the scope of the appeal as “total,” because the defendant B and the prosecutor did not appeal against the dismissed portion of the judgment dismissing the public prosecution. However, the petition of appeal or the statement of reasons for appeal submitted by the prosecutor only state the grounds for appeal against the dismissal portion of the public prosecution among the judgment below, without stating the grounds for appeal as to the dismissal portion of the public prosecution among the judgment below, and the prosecutor explicitly stated that the grounds for appeal is “unjustifiable

The judgment below

Among them, the dismissal of the above public prosecution was separated and finalized.

Therefore, the scope of the judgment of the court below is limited to the remainder except the dismissal part against Defendant B among the judgment below.

2. The summary of the grounds for appeal: The punishment of the lower court (one year and six months of imprisonment, two years of suspended execution, one year of imprisonment, one year of suspended execution, two years of suspended execution) on each of the grounds for unfair sentencing is too uneasible and unfair.

3. The Defendants recognized all the crimes of this case as committing each of the crimes of this case, and seriously reflects the misunderstanding, and the Defendants’ family members and branch members appeal against the Defendants.

Defendant

A did not reach an agreement with the victims during the trial of the lower court, and deposited KRW 12 million for the victim E, and only agreed with the victim E, for the first time in the trial.

Defendant

B agreed with the victim F in the trial process of the court below, and deposited 7 million won as the victim E did not reach an agreement with the victim E, and only agreed with the victim E in the first instance.

These circumstances are favorable to the Defendants.

However, this case.

유사 판례

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-인천지방법원 2021.03.19 2020노678

-대전지방법원 2019.05.22 2018노2013

-대전지방법원 2020.03.18 2019노3428

-춘천지방법원 2020.05.29 2019노408