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(영문) 인천지방법원 2020.11.27 2019노4289
특수절도등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, this decision is delivered to the Defendants.

Reasons

Summary of Grounds for Appeal

A. misunderstanding of facts and misapprehension of legal principles as to the acquitted portion of the judgment of the court below are acknowledged that the victims, while continuing to monitor the victims while the victims knew that they are frighten by the F, have the victims fright to board the vehicle, and eventually, the victims fright to take the vehicle from the F, by preventing them from escape. In full view of the entire criminal process, the victims' age and gender, and the physical strength of the Defendants, etc., the victims are found to have been frighted to the extent that they restricted the freedom of returning home decision-making or interfered with the freedom of executing the decision-making.

In addition, the Defendants recognized the same opportunity to commit a crime by another person at the same place, and used it to move the victims to the victim as the F's demand. It is clear that the Defendants committed a "joint crime".

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts and misapprehension of legal principles.

B. The sentence imposed by the lower court on the Defendants (two years of suspended execution in six months of imprisonment, and eight hours of social service) is too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, prior to the judgment on the grounds for appeal by the prosecutor ex officio, the defendant's name of "violation of the Punishment of Violences, etc. Act (joint coercion)" as to the facts charged which the prosecutor found not guilty at the court below since the trial was the case, shall be changed to "voluntary compulsion", "Article 2 (2) 2 of the Punishment of Violences, etc. Act" among applicable provisions of law, "Article 30 of the Criminal Act" shall be added, "Violation of the Punishment of Violences, etc. Act (joint coercion)" as "1." The last sentence of paragraph (1) of the facts charged shall be changed to "one."

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