(영문) 부산지방법원 2014.03.21 2013노3768 | 리걸엔진

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(영문) 부산지방법원 2014.03.21 2013노3768

폭력행위등처벌에관한법률위반(공동공갈)등

Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a year and two months, and a fine of 4,500,000 won.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (the first instance court: imprisonment of 1 year and 2 months; fine of 1 million won; fine of 300,000 won: fine of 50,000 won; fine of 40,000 won: fine of 3 million won) that the lower court sentenced to each of the Defendant (unfair punishment) is too unreasonable.

B. The punishment (one year and two months of imprisonment) imposed by the court of first instance on the defendant is too unhued and unfair.

2. Prior to the judgment on the grounds for appeal by the defendant and prosecutor ex officio, the case of this court 2013No3768, which is the appeal case against the judgment of the court of first instance, the case of this court 2014No428, which is the appeal case against the judgment of the court of second instance, the case of this court 2014No570, which is the appeal case against the judgment of the court of second instance, and the case of this court 2014No578, which is the appeal case against the judgment of the court of second instance against the judgment of the court below, were consolidated in the oral proceedings of the court of first instance. Since all of the crimes of the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, each crime of the judgment of the court of first instance shall be sentenced to a single sentence within the scope of aggravated crimes pursuant to Article 38

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining all the judgment of the prosecutor and the defendant's allegation of unfair sentencing, on the grounds of the above reasons for reversal of authority, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court is identical to the facts charged and the summary of the evidence, and thus, it is citing them in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act, Article 331(2) and (1) of the Criminal Act, Article 331(2) of the Criminal Act, and Article 347(1) of the Criminal Act, respectively, concerning facts constituting a crime;

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항

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