(영문) 인천지방법원 2013.05.24 2013노448 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2013.05.24 2013노448

폭력행위등처벌에관한법률위반(공동공갈)

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendants (Defendant A: one year of imprisonment, and ten months of imprisonment) is too unreasonable.

2. In light of the fact that the Defendants and co-offenders play a role in accordance with a fast plan with the ‘bring-snicking' method, and led the victims to gather, and thereby leading them to enter into a sexual relationship, the Defendants and co-offenders need to punish the Defendants strictly in light of the following: (a) intimidation to the victims to have a extreme fear of criminal punishment and home wave; and (b) the crime is extremely poor; (c) substantial damage recovery by each of the of the of the of the of the instant crimes appears to have not been achieved; (d) the Defendants and co-offenders have been punished several times for the same type of crime; and (e) the Defendants and co-offenders have the history of having been punished once for the same kind of crime.

However, in light of the fact that the defendants recognized each of the crimes of this case, the defendants agreed with Q and reached an additional agreement with the victim'sO, each of the crimes of this case needs to be considered in case of concurrent judgment and equity in accordance with Article 39 (1) of the Criminal Act, the defendants' actual profits acquired through each of the crimes of this case seems not to exist, and other various sentencing conditions specified in the records and arguments, such as the defendants' age, family environment, circumstances before and after the crimes, etc., the court below's punishment against the defendants is somewhat inappropriate.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is again decided as follows.

Criminal facts

(b).

참조조문

-형사소송법 제364조 제6항

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