(영문) 전주지방법원 2015.01.16 2014노1277 | 리걸엔진

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줄 간격

자간(%)

(영문) 전주지방법원 2015.01.16 2014노1277

공갈

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for six months;

3.Provided, That for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The crime of this case is found to be unfair in full view of the following circumstances: (a) although it is acknowledged that the defendant was unable to agree with the victim, he/she led the defendant to the fact that the victim was a representative director that he/she made an illegal subcontract; (b) thereby threatening the victim that he/she would have contributed to obtaining a construction business license, etc.; (c) in light of the background, method, and amount of the crime; (d) although he/she did not agree with the victim, he/she led to the confession and wrongness of the crime of this case at the trial; (e) H, who received KRW 7 million from the defendant from the defendant, returned it to the victim; and (e) the damage from the crime of this case was deemed to have been recovered by depositing KRW 23 million for the victim at the trial; (e) the defendant contributed to obtaining a construction business license, etc. by accepting G; (e) there was no criminal conviction more than the defendant; and (e) the defendant's age, character, environment, family relation, motive, means and result after the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled 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 the addition of “the defendant’s oral statement” to the summary column of the evidence, and thus, it is identical to the corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of

Application of Statutes

1. Relevant Article 350 (1) of the Criminal Act, the choice of punishment for the crime, the choice of imprisonment;

1. Suspension of execution is advantageous to Article 62(1) of the Criminal Act.

참조조문

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