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(영문) 부산고등법원 2014.06.19 2013노487
공갈등
Text

All judgment of the court below shall be reversed.

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

Reasons

1. Each punishment sentenced by the original judgment (Article 1: Imprisonment with prison labor for 1 year and 6 months, and 6 months) on the summary of the grounds for appeal is too unreasonable; and

(2) The lower court’s judgment on the grounds of appeal on the ground of appeal on the first instance court’s judgment, but the Defendant and his defense counsel asserted only unfair sentencing on the grounds of appeal on the first instance court’s judgment on the date of the first instance trial, and withdrawn the argument. 2. Prior to the judgment on the grounds of appeal on ex officio, prior to the judgment on the grounds of appeal on the first instance court’s ex officio, the instant court’s case No. 2013No487, which is the appellate case on the first instance judgment, and the instant court’s case No. 2014No207, which

Therefore, the judgment of the court of first instance and the judgment of the court of second instance should be sentenced to a single sentence within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. In this respect, the judgment of the court of first instance cannot be maintained any more.

3. If so, the judgment of the court below 1 and 2 on the grounds of ex officio reversal as seen above, without examining the defendant's assertion of unfair sentencing, all of the judgment below under Article 364 (2) of the Criminal Procedure Act are reversed, and the judgment below is again decided as follows.

【The grounds for the new judgment of the court for retrial】 The facts constituting the crime and the summary of the evidence recognized by the court for this case are the same as the entries in each corresponding column of the judgment below, and thus, all of them are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 350(1) of the Criminal Act concerning criminal facts and Article 350(1) of the choice of punishment (a), i.e., the crime of the first instance judgment and the conflict under Article 350(1)a), Article 314(1) of the Criminal Act (excluding interference with business as of November 10, 2012; choice of imprisonment); and Article 314(1) of the Criminal Act.

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