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(영문) 창원지방법원 2014.10.16 2013노1258
공갈등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. As the defendant did not submit a statement of grounds of appeal, and the petition of appeal does not contain a statement of grounds of appeal, but the written agreement is attached to the petition of appeal, the decision on unfair sentencing also constitutes grounds for ex officio

Each of the crimes of this case committed by the defendant committed the victim D and received KRW 30,00,00 from the victim I, and stolen one bicycle owned by the victim I.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) agreed upon with the victims after the pronouncement of the judgment of the lower court; (c) the Defendant had no record of criminal punishment prior to the instant crimes; (d) equity with criminal punishment for other crimes similar to the instant crimes; and (e) other various circumstances, including the Defendant’s age, character, conduct, intelligence and environment; (b) health conditions and family relationship; (c) motive, background, means, methods, and consequences of the instant crimes; and (d) the sentence imposed by the lower court is somewhat unreasonable.

2. Thus, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is decided as follows.

[Discied Judgment] Summary of facts constituting an offense and evidence recognized by the court and summary of the evidence are as stated in the respective columns of the judgment below.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant legal provisions concerning criminal facts, Articles 350 (1) and 329 of the Criminal Act, the choice of punishment, and the choice of fines;

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

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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