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(영문) 서울남부지방법원 2018.07.17 2018노550
특수존속협박등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and six months of imprisonment) is too unreasonable.

2. In the judgment of the court below, considering the fact that the victim D, who is the mother of the defendant, expressed his/her intention that he/she does not want the punishment of the defendant, and other various circumstances, such as the defendant's age, sex, sex, environment, family relationship, motive, circumstance, means and consequence of the crime, etc., the court below's punishment is too unreasonable.

Therefore, the defendant's argument 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】 Facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the crime, Articles 284, 283(2) and 283(1) of the Criminal Act regarding the choice of punishment (a special threat to existence, choice of imprisonment), Article 283(1) of the Criminal Act (a) of the Criminal Act, Articles 283(2) and 283(1) of the Criminal Act (a) of the Criminal Act, Articles 284, 284, and 283(1) of the Criminal Act (a special threat to existence, choice of imprisonment), Articles 283(2) and 283(2) of the Criminal Act (a) of the Criminal Act (a special selection of punishment)

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes shows the attitude of the defendant to repent and reflect his mistake, the victim D expressed his intention that he does not want the punishment of the defendant, each of the crimes of this case is mainly attributable to the defendant's drinking habit, the victims are not directly involved in violence, and there is no criminal punishment exceeding the fine other than the suspended sentence of imprisonment for one time in 2001.

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