(영문) 인천지방법원 2014.04.11 2014노558 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2014.04.11 2014노558

폭력행위등처벌에관한법률위반(상습공갈)등

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 sentence imposed by the court below (three years of imprisonment) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. In light of the following: (a) the Defendant had a majority of criminal records for the same crime; (b) the Defendant had been sentenced to punishment for the same crime; (c) the Defendant did not know even after the completion of the sentence for the same crime; and (d) the Defendant committed a second-class crime without being aware of the fact that it was a repeated crime even during the period of repeated crime; and (c) the degree of damage to the victim V of the bodily injury was not minor; and (d) on the other hand, the victims’ damage caused by each of the crimes of this case

However, in full view of the following circumstances: (a) the Defendant recognized the entire crime of this case when it was in the trial; (b) the total amount of damage caused by habitual robbery is not more than 3.10,00 won; (c) some attempted crimes are committed; (d) the victim E expressed his intention not to punish the Defendant; and (e) the victim M andV expressed his intention not to punish the Defendant; and (e) the victim M andV expressed his intention to obstruct the Defendant’s wife; and (e) other circumstances that form the conditions for the argument and the sentencing specified in the record, such as the motive, means and consequence of the instant crime; and (e) the motive, means and consequence of the instant crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

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 substance of the facts charged and the gist of the evidence admitted by this court is as follows: (a) except to change the “1. partial statement of the defendant” in the summary of the evidence to the “written statement of the defendant at the trial of the defendant at the trial of the defendant,” the corresponding part of the judgment below is identical to the corresponding part of the judgment below, thereby

Application of Statutes

1..

참조조문

-형사소송법 제364조 제6항

-형사소송법 제369조

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