(영문) 서울중앙지방법원 2014.02.05 2013노4221

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2014.02.05 2013노4221

폭력행위등처벌에관한법률위반(공동공갈)등

Text

The judgment of the first instance shall be reversed.

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

1. Fact-finding of the gist of the grounds for appeal (with regard to the point of joint conflict, the defendant merely borrowed money from the victim F, and did not commit violence or intimidation to and withdraw money from the victim and did not bring such money to the victim) and the judgment of the court on the grounds of unfair sentencing

A. According to the evidence duly adopted and examined by the first instance court and the first instance court as to the assertion of mistake of facts, the defendant jointly with C and threatened the victim with assault and threat, thereby raising money from the victim frighten, so the defendant's allegation of this point cannot be accepted.

B. As to the assertion on unfair sentencing, the Defendant had a career of having been punished several times, including punishment related to violence, and no agreement has yet been made with the victim. However, in full view of the following factors: (a) the victim has already been paid KRW 7 million to the victim; and (b) the amount of the conflict in this case; (c) the Defendant’s age, character and conduct; (d) character and behavior; (e) the motive and circumstance of the crime; and (e) the circumstances before and after the crime, the sentence of imprisonment with labor for ten months sentenced by the first instance

3. According to the conclusion, the appeal by the defendant is justifiable, the judgment of the first instance is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment is again rendered following the pleadings.

The criminal facts and the summary of the evidence recognized by the court are the same as the judgment of the court of first instance, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act as to the crime and the choice of a sentence (the choice of imprisonment with prison labor), Articles 350(1) and 230 of the Criminal Act, the former part of Article 37 of the Criminal Act, the former part of Article 38(1)2 and Article 50 of the Criminal Act aggravated for concurrent crimes

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항

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