(영문) 수원지방법원 2017.09.01 2017노3671 | 리걸엔진

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(영문) 수원지방법원 2017.09.01 2017노3671

폭력행위등처벌에관한법률위반(공동공갈)등

Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The crime of this case is deemed to have committed the crime of this case by taking into account the following facts: (a) the Defendant committed the crime of this case by taking a shot image from the owners of the singing practice hall by taking the shot images and taking them into account the following: (b) the nature of the crime is not good; (c) the Defendant has a large number of criminal records; and (d) the Defendant committed the crime of this case during the period of repeated crime due to special robbery, etc., it is inevitable to sentence the Defendant to be sentenced.

However, in full view of the following factors: (a) the fact that the Defendant recognized the mistake of the Defendant; (b) the Defendant reached an agreement with some victims; (c) the amount of damage caused by the instant crime is not relatively large; and (d) other factors of all kinds of sentencing indicated in the pleadings, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime; and (c) the circumstances after the commission of the crime,

Therefore, the defendant's argument is justified.

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

【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 2(2)3 of the Punishment of Violences, etc. Act concerning the crime, each of the choice of punishment, Article 350(1) (a) of the Criminal Act, Article 350(1) (a) of the Criminal Act, Article 350(1) (a) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제3호

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