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(영문) 부산지방법원 2017.07.06 2017노1528
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The judgment below

The part against the defendant shall be reversed.

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

except that this judgment.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The judgment of this case committed the crime of assault, intimidation, extortion, or fraud in collaboration with the defendant B, and committed the crime of assault, intimidation, extortion, or fraud by himself. The victim of this case reached eight persons, and the crime of this case was bad in light of the contents of the crime, and the defendant committed the crime of this case even though the defendant had served 17 times as the juvenile protective disposition, etc., the crime of this case is heavy.

However, in full view of the following factors: (a) the Defendant recognized the instant crime; (b) the Defendant has an opportunity to reflect the Defendant’s life near the three months of detention; (c) the Defendant was the first offender; and (d) the Defendant made efforts to recover damage by repaying and agree on the damage to certain victims (the victims of fraud and attack); and (e) other various sentencing conditions as shown in the records and changes of the instant case including the Defendant’s age, sex, and environment, the sentence imposed by the lower court is somewhat unreasonable.

3. Accordingly, the part of the judgment below against the defendant in accordance with Article 364(6) of the Criminal Procedure Act is reversed, and the following is again decided after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2(2)3 of the relevant Act on the Punishment of Violences, etc., Act on the Punishment of Violences, etc., Article 350 of the Criminal Act (the point of joint conflict), Article 6 and Article 2(2)3 of the Punishment of Violences, etc. Act, Article 350 of the Criminal Act (the point of joint conflict), Article 260(1) of the Criminal Act (the point of violence) (the point of violence), Article 283(1) of the Criminal Act, Article 350 of the Criminal Act (the point of intimidation), Article 347(1) (the point of fraud) of the Criminal Act, each of the following subparagraphs.

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