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(영문) 서울북부지방법원 2014.11.27 2014노1225
공갈미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.

2. The judgment of the court below is inappropriate in light of the following circumstances: (a) although the defendant was sentenced to imprisonment, a stay of execution of imprisonment, and a fine for the same kind of crime as the crime of this case; (b) the defendant was committed without being aware of himself during the period of repeated crime; (c) although the defendant was found guilty of the crime of obstruction of business of this case; (d) the court below already agreed with the victim JJ for the crime of obstruction of business of this case; and (e) the defendant reached an agreement with the victim D for each crime of obstruction of business of this case and damage of property; and (e) the motive and background leading up to each crime of this case; (e) the circumstances before and after the crime of this case; (e) the defendant’s age, character and conduct, environment, occupation, and family relations; and (e) other

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 314(1) of the Criminal Act, Articles 352 and 350(1) of the Criminal Act, Article 366 of the Criminal Act, Articles 366 of the Criminal Act, the choice of imprisonment for a crime

1. Article 35 of the Criminal Act among repeated crimes;

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

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