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(영문) 서울중앙지방법원 2014.11.06 2014노3064
공갈미수등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for ten months and for six months, respectively.

except that this judgment.

Reasons

Summary of Grounds for Appeal

The sentence sentenced by the court below (10 months of imprisonment, 6 months of imprisonment) is too heavy or unhued so that it is unfair.

Judgment

In light of the circumstances, means, methods, and contents of each of the crimes committed by the Defendants, the nature of the crime is very bad, and the victim suffers significant damage therefrom.

However, the Defendants appear to have committed each of the crimes of this case against the Defendants when they were in the trial, and have the attitude of not bullying again, and the Defendants expressed that they would not harassing the victims of each of the crimes of this case. When the Defendants were in the trial, the victims and their family members appeal against the Defendants by mutual agreement with the victims of each of the crimes of this case, their health status is not very good, Defendant A’s age is high, Defendant A’s age is larger, Defendant B had no criminal record exceeding fines, and other circumstances that form the conditions of sentencing as shown in the arguments and records of this case. In light of the above, the punishment imposed by the lower court against the Defendants is unreasonable.

Therefore, the Defendants’ assertion is well-grounded, and the prosecutor’s assertion is without merit.

Therefore, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the appeal by the defendants is reversed and it is decided as follows.

(2) In light of the above legal principles, the Criminal Procedure Act provides that the Criminal Procedure Act shall apply to cases where an appeal by a prosecutor is not well-grounded, and the Criminal Procedure Act shall apply to cases where an appeal by a prosecutor is accepted by the Defendants and the judgment of the court below is reversed.

Application of Statutes

1. Defendant A of the pertinent legal provisions concerning criminal facts: Articles 352 and 350(1) (the attempted crime) of the Criminal Act;

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