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(영문) 대전지방법원 2018.02.20 2017노2389
특수협박등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The defendant does not pay the above fine.

Reasons

The decision of the court below on the summary of the reasons for appeal is unfair because the punishment (7 million won) imposed by the defendant is too unreasonable.

The punishment sentenced by the court below by the public prosecutor is too uneasible and unfair.

Before the judgment on the grounds for appeal ex officio, the Prosecutor changed the “Guns” of the facts charged in the instant case to “Guns” of Article 2(2)1 of the Act on the Safety Control of Firearms, Swords, Swords, Explosives, Etc., and “Guns” of Article 70(1)2 of the Act on the Safety Control of Firearms, Swords, Explosives, Etc., and Article 70(1)2 of the Act on the Safety Control of Guns, Swords, Explosives, Etc. to “Guns” of Article 71(1)1 of the Act on the Safety Control of Guns, Swords, Explosives, Etc., and the judgment of the court below cannot be maintained any longer because the court permitted it.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed, and it is again decided as follows after pleading, without examining the error of sentencing by the defendant and the prosecutor.

[Grounds for the judgment of the court below] The criminal facts and summary of evidence recognized by this court are as follows: "Guns B" under Paragraph 2 (1) of Article 2 of the Criminal Procedure Act among the criminal facts of the judgment of the court below; "Guns B" are as "Guns, swords, explosives, gas sprayers, electronic shock machines, and crossbows"; and "Guns 5" are as stated in each corresponding column of the judgment of the court below except for changing "Guns" to "gas". Thus, they are cited as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 284, 283(1) (a)) of the Criminal Act regarding facts constituting an offense, the selection of punishment, and the selection of fines, respectively, Article 71 Subparag. 1 and 12(1)3 (a) of the Act on the Safety Control of Firearms, Swords, Explosives, Etc.) of the same Act, and the selection of fines;

1. The former part of Article 37 of the Criminal Code to increase concurrent crimes.

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