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(영문) 인천지방법원 2013.10.11 2013노2304
공갈미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The judgment of the defendant committed the crime of this case again during the period of repeated crime even though he was sentenced to imprisonment with prison labor for the same criminal act. The crime of this case is committed against victims with intellectual disability or trust relationship, and thus the quality of the crime is not good, and the damage has not been recovered. However, considering all favorable circumstances, such as the confession and reflect of the crime by the defendant, the amount of theft is not large, and the attack is not large, and other favorable circumstances, such as the defendant's age, character and behavior, environment, motive and means of the crime of this case, and the consequences of the crime of this case, etc., the punishment imposed by the court below against the defendant is too unreasonable. Thus, the defendant's assertion of unfair sentencing is justified.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column 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. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 329 of the Criminal Act, Article 330 of the Criminal Act, Articles 352 and 350 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (the occupation of using stolen credit cards and the choice of imprisonment) of the choice of punishment;

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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