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(영문) 서울서부지방법원 2015.02.12 2014노1736
폭력행위등처벌에관한법률위반(상습공갈)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is unreasonable.

2. Before judgment on the grounds for appeal ex officio, the defendant was sentenced to imprisonment with prison labor for an injury at the Busan District Court’s Dong Branch on February 25, 2014 and six months for the same year.

3.5. The judgment became final and conclusive. The crime of this case and the crime of this case for which the judgment became final and conclusive are determined after examining whether to reduce or exempt punishment in consideration of equity and the case where a concurrent judgment is to be rendered pursuant to Article 39(1) of the Criminal Act, based on the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act. Thus, the judgment of the

3. As such, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following decision is rendered through pleading.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows. The defendant was sentenced on February 25, 2014 to the first head of the facts charged as stated in the judgment below for the same year on February 25, 2014.

3. 5. The judgment became final and conclusive.

“A previous conviction: Court Decision 200Do369 decided January 2, 2001; Supreme Court Decision 201Do369 decided May 2, 2011; Supreme Court Decision 201Do369 decided May 2, 201; Supreme Court Decision 201Do369 decided May 2, 201; Decision 201Do3266 decided May 2, 201; Decision 201Do369

Application of Statutes

1. Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 350 (1) of the Criminal Act (Selection of Imprisonment)

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. The reasons for sentencing in the latter part of Articles 37 and 39(1) of the Criminal Code dealing with concurrent crimes have the record of being punished several times as punishment for the same crime, such as conflict, violence, robbery, etc., and in particular, during the period of repeated crimes of the same kind.

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