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(영문) 청주지방법원 2019.11.27 2019노764
특수협박
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The lower court’s punishment (three million won of fine) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In light of the risk of attempting to commit the instant crime, the Defendant was not less than a fine, but there was no history of punishment in addition to a minor fine. In light of the fact that the Defendant committed the instant crime that was denied by the lower court when he was in the first instance trial, and that the Defendant was in depth divided his mistake and that circumstances that could be considered in light of the circumstances leading to the instant crime, such as the Defendant’s age, character, conduct, environment, and circumstances after committing the instant crime, the lower court’s punishment is too unreasonable, taking into account all the sentencing conditions indicated in the instant records, such as the Defendant’s age, character and behavior, environment, and circumstances after committing the instant crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

[C] The facts constituting an offense and the summary of the evidence acknowledged by the court, and the summary of the evidence, are identical to each corresponding part of the judgment below, except where the court below's judgment held "1. The defendant's partial statement" of the first instance as "1. The defendant's oral statement" of the court below as "1. The defendant's oral statement" of the court below, thereby citing it as it is in accordance with Article 3

Application of Statutes

1. Relevant Article 284 of the Criminal Act and Articles 283 (1) of the Criminal Act and the choice of fines concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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