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(영문) 광주고등법원 2015.09.24 2015노342
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment) by the lower court is too unreasonable.

2. In full view of the circumstances favorable to the defendant, such as the defendant's age, character and conduct, circumstances of each of the crimes of this case, and circumstances after the crime, although the defendant has been punished more than 30 times due to violent crimes, the quality of each of the crimes of this case is not good, the court below's punishment is too unreasonable in light of the following factors: (a) the defendant's mistake is divided; (b) the victim J, G, and the victim's consent is not wanting to punish the defendant; and (c) other factors such as sentencing, such as the defendant's age, character and conduct, circumstances of each

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

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 original judgment, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-9 (2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 283 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act, Article 366 of the Criminal Act, Article 36 of the Criminal Act for each of the following crimes:

1. Grounds for sentencing among concurrent crimes, for sentencing provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes resulting from a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc. on April 28, 2015), among concurrent crimes;

1. The scope of applicable sentences: Imprisonment for one year to 45 years;

2. Application of the sentencing criteria;

(a) Crimes of intimidation (determination of types) in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

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