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(영문) 인천지방법원 2015.10.07 2015노2914
공갈등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In full view of the various sentencing conditions shown in the records and arguments of this case, and the defendant's act of threatening a large number of labor workers to take money from the victim G, and furthermore, as if the defendant had carried out fraudulent construction in F without any particular reason, the court below's punishment is too uneasible and unfair in view of the circumstances where the defendant agreed with the victims and P in the trial, and thus, the defendant's above assertion is without merit and the prosecutor's above assertion is with merit.

3. Accordingly, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the Defendant, recognized by this court, and the summary of the evidence, are the same as the corresponding column of the judgment of the court below, except for the correction of Q in Part IV as “G”. Thus, this is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

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

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