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(영문) 서울서부지방법원 2015.06.19 2014노1617
협박등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the original court on the defendant (each unfair sentencing judgment) (one year of imprisonment with prison labor and two months of imprisonment with prison labor) is too unreasonable.

(b) The above-mentioned sentence imposed by the second instance court on the accused is too unfeasible and unfair;

2. Prior to the judgment on the grounds for appeal ex officio, the first and second original judgments against the defendant are pronounced, and the defendant filed an appeal against the second and second original judgments, and the prosecutor also decided to concurrently examine the above two cases of appeal. The first and second original judgments against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining each of the alleged unfair sentencing by the defendant and the prosecutor, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Article 283(1) of the Criminal Act, Article 350(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347 of the Criminal Act, the choice of imprisonment for a crime

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Of concurrent crimes, the defendant's mistake in sentencing reasons under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act.

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