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(영문) 춘천지방법원 강릉지원 2019.09.19 2019노280
특수협박등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court is too unreasonable.

2. The judgment of the defendant has a record of being punished for multiple violent crimes, and the defendant committed the crime of this case even during the period of repeated crimes of the same kind of violent crimes, and without any particular reason, committed the crime of this case against many and unspecified persons, and used violence, and the liability for the crime of this case is not provided against them, and there is no recovery of damage to some victims, and the intent of punishment is maintained.

On the other hand, it is also recognized that the circumstances favorable to the defendant, such as the fact that the defendant committed the crime of this case, the degree of tangible force in the crime of this case is not severe, and the degree of damage is relatively minor, and the victim D, T expressed the explicit intention of not to punish the victim in the original trial or the party trial, and some victims expressed that there was no intention of active punishment, and the recovery of pecuniary damage from theless taking-off type to the victim H, etc.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive and means of crime, circumstances after crime, etc., the lower court’s punishment seems to be somewhat unreasonable.

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.

【Judgment of multiple times】 Criminal facts and summary of evidence recognized by this court are identical to each corresponding column of the judgment of the court below, except where “1. Part of the Defendant’s court statement” in Article 369 of the Criminal Procedure Act is deemed to be “1. Defendant’s court statement” among the summary of evidence of the court below’s judgment. Thus, it is in accordance with Article 369 of the Criminal Procedure Act.

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