logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.08.22 2018노862
공갈등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal (the punishment of the court below shall be sentenced to imprisonment with prison labor for a period of one year and six months);

2. The lower court rendered a sentence by taking into account the following circumstances: (a) under favorable circumstances in which the Defendant led to confession and reflects the instant crime; (b) the quality of the instant crime was inferior; (c) the Defendant was a majority of criminal convictions due to the same kind of crime; and (d) the Defendant was a repeated offender of the same kind; and (c) the Defendant did not have any effort to recover damage; and (d) other factors of sentencing specified in the records and arguments, including the Defendant’s age, sexual conduct, environment, motive and means of the

However, in full view of the fact that the defendant submitted a reply several times in the trial of the party and that the defendant agreed with four victims except the victim C of the crime of conflict during the trial of the party, and the agreed victims do not want the punishment of the defendant, the sentence of the court below is somewhat inappropriate since the sentencing conditions of the court below are somewhat changed.

Therefore, the defendant's argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 350(1) of the Criminal Act regarding the crime, the choice of punishment (the point of conflict, the choice of imprisonment), Article 311 of the Criminal Act (the point of insult, the choice of imprisonment), Article 260(1) of the Criminal Act (the point of assault, the choice of imprisonment), Article 347(1) of the Criminal Act (the point of fraud and the choice of imprisonment)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation of concurrent crimes as described in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act prior to the grounds for sentencing

arrow