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(영문) 대구지방법원 2016.03.18 2015노4322
협박등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 6 months and imprisonment for 6 months) by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the first and second judgments of the court below against the defendant were pronounced, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. The first and second judgments against the defendant are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed within the scope of punishment aggravated for concurrent crimes under Article 38 (1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained.

3. As such, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument for sentencing, and the following decision is rendered after the pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) except for the addition of “1. Defendant’s trial testimony” to the column for the evidence of the first and second judgment, all of the judgment below’s corresponding columns are the same as that of each corresponding column; and (b) thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Article 283(1) of the Criminal Act (the point of intimidation), Articles 63(1)2 and 55-4 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (the point of non-compliance with an ad hoc protection order), Article 319(1) of the Criminal Act (the point of intrusion) and selection of each imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Although Article 62(1) of the Criminal Act’s suspended sentence is the case of this case’s crime on the grounds of sentencing under Article 62(1) of the Criminal Act, the instant facts charged are acknowledged when the Defendant was in the first instance.

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