logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2013.08.30 2013노462
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of violation of the Punishment of Violences, etc. Act (joint conflict) does not apply to the crime of violation of the law, and the withdrawal of the victim F's complaint is based on mistake. Therefore, the judgment below dismissing this part of the prosecution is erroneous in the misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (one month of imprisonment and two years of suspended execution, and a fine of 500,000 won) is deemed unreasonable and unreasonable.

2. Determination

A. As to the assertion of legal principles, Article 354 and Article 328 of the Criminal Act provides that the crime of conflict between lineal blood relatives, spouse, relatives living together, family members living together, or their spouses shall be exempted from punishment, and the other relatives shall institute a public prosecution only upon a complaint. In the case where two or more persons jointly commit a crime of conflict and are punished under Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, the nature of the crime of conflict under the Criminal Act remains intact, and there is no express provision that exclude the application of Articles 354 and 328 of the Criminal Act concerning relatives and relatives of a special law, it is reasonable to view that Article 354 of the Criminal Act also applies to the crime of violation of the Punishment of Violences, etc. Act (joint conflict). (2) According to Article 232 of the Criminal Procedure Act, if one or more persons jointly express their intent to revoke a complaint before the judgment of the court of first instance is pronounced, a person who has the right to revoke a complaint or withdrawal of a criminal again may withdraw a written complaint.

arrow