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(영문) 광주지방법원 2020.05.13 2019노2558
공갈등
Text

The part of the judgment of the court below and the judgment of the court below in Articles 1 and 2, and 3 shall be reversed.

Defendant shall be punished by imprisonment for three years.

Reasons

1. The summary of the grounds for appeal (Article 1 and 6 months of imprisonment with prison labor for the first instance court, and the second instance court: 8 months of imprisonment with prison labor for the second instance court, and January 3:6 of the third instance court) are too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, this Court decided to hold a joint hearing of each appeal against the judgment below. Since each of the offenses of the judgment below is concurrent crimes under the former part of Article 37 of the Criminal Act, a sentence should be imposed in accordance with Article 38(1) of the Criminal Act.

Of the judgment of the first instance and the judgment of the second and third instances, the part of the defendant cannot be maintained as is.

3. As such, since the part of the judgment of the court of first instance and the judgment of the court of appeal among the judgment of the court of appeal No. 2 and 3 as above are grounds for reversal of the above authority, the part of the judgment of the court of first instance and the judgment of the court of appeal No. 2 and 3 under Article 364(2) of the Criminal Procedure Act without examining

[D.] The Criminal Procedure Act Article 369 of the Criminal Procedure Act provides that a summary of the facts constituting an offense and the evidence recognized by the court shall be the same as that of the judgment of the court below, and the summary of the evidence is also the same as that of the judgment below.

Application of Statutes

1. Article 350(1) of the Criminal Act applicable to the crime, Articles 352 and 350(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act, Article 2(2)2 of the Punishment of Violences, etc. Act, Article 276(1) of the Criminal Act, Article 276(1)3 of the Punishment of Violences, etc. Act, Article 2(2)3 of the Criminal Act, Article 350(1) of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 230, 30 of the Criminal Act, Articles 231 and 30 of the Criminal Act, Articles 234, 231, 231, and 30 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act, Article 3 of the Children and Juveniles without Permission for the Protection of Sexual Abuse.

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