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(영문) 서울북부지방법원 2015.04.24 2015노246
공갈등
Text

The judgment of the court below is reversed.

The defendant is against the crime Nos. 1 through 6 of the crime sight table in the judgment of the court below.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment in three months (the crime No. 1 to 6), and imprisonment in five months (the crime No. 7 to 10) (the crime of five months (the crime No. 5 years No. 1 to 6 in the table of crime in the judgment of the lower court) which the lower court made is too unreasonable.

2. It is deemed unfair that the court below's punishment is too unreasonable in light of the following: (a) the crime was committed by intimidation that a person would receive a service loan and liquor after receiving a report; (b) the frequency of the crime is heavy; (c) the number of victims and the crime of the crime is committed during the period of probation; and (d) the crime of the crime of the No. 7 through No. 10 of the above list of crimes is committed; (c) the defendant is led to confession; (d) the defendant has not been committed; and (e) the defendant deposited money equivalent to the amount of each damage for victims in the trial; and (e) the defendant's age, character and conduct, the background and result of the crime of this case;

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

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 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 Article 350(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act, the choice of imprisonment for a crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent 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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