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(영문) 수원지방법원 2014.11.06 2014노1268
공갈등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 15,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 15,00,000) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, Article 35(1) of the Criminal Act provides that "any person who commits a crime equivalent to or greater than imprisonment without prison labor, after having been sentenced to imprisonment without prison labor or heavier punishment, shall be punished as a repeated crime." Here, "crimes constituting a crime equivalent to or more than imprisonment without prison labor" refers to crimes punishable by imprisonment without prison labor or imprisonment for a limited term, and where a fine is selected among the statutory penalty, repeated crime cannot be aggravated (see, e.g., Supreme Court Decision 82Do1702, Sept. 14, 1982). In addition, the court below erred by misapprehending the legal principles on repeated crime, which affected the conclusion of the judgment by misunderstanding the legal principles on repeated crime pursuant to Article 35 of the Criminal Act, on the grounds that the defendant, who selected each of the statutory penalty against the crime of violation of the Act on the Registration of Credit Business, etc. and Protection of Financial Users, among the statutory penalty of the court below

Therefore, the judgment of the court below can no longer be maintained.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows, except for deletion of the 17th, 18, and 3th and 17th of the judgment of the court below, and the corresponding columns of the judgment of the court below are the same as the corresponding columns of the judgment of the court below. Thus, they are quoted as they are in accordance with

Application of Statutes

1. Prior to the amendment by Act No. 11544 on December 11, 2012, Article 2 of the Act on the Registration of Credit Business, etc. and Protection of Finance Users, which was applicable to the relevant criminal facts and the option of punishment.

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