logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2014.09.19 2014노2173
공갈
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable that the sentence of 10 months sentenced by the defendant is too unreasonable.

2. Each of the instant crimes committed by the Defendant is deemed to have acquired 61 million won by threatening the victims, taking advantage of the weak points of the victims that the Defendant came to know in the course of selling them in lots, and the crime is not inferior and the case is somewhat weak in light of the amount of damage.

However, when the defendant was found to have committed each of the crimes of this case in the trial for the first time, and it seems that the defendant had been detained for seven weeks prior to being released on bail, and that it would have been against the depth of the defendant's imprisonment. The court below's punishment is unreasonable in light of the following: (a) the victim has expressed his intention not to punish the defendant; (b) the defendant's wife has declared his intention not to punish the defendant; (c) the notarial deed on promissory notes issued by the victim K; (d) the defendant's wife has expressed his intent not to waive his exercise of rights on the above notarial deed; (d) the defendant has expressed his intention to waive his exercise of rights on the notarial deed; (e) the defendant has no record of criminal punishment other than once of the fine imposed in 1984; and (e) other circumstances that form the conditions of sentencing as shown in the records, such as the defendant's age, environment, occupation,

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for the addition of “1. Defendant’s trial testimony” to the summary of the evidence in the judgment of the court below, and thus, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article

Application of Statutes

1. Article 350 (1) of the Criminal Act and Article 350 (1) of the same Act concerning the applicable criminal facts and the selection of punishment;

arrow