logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.05.20 2013노3691
협박
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.

2. The Defendant is the primary offender, and the method and degree of the instant intimidation are insignificant, and the degree of damage is minor as it is in a simple intimidation.

The defendant reflects the wrongness of the crime, and the victim does not want the punishment for the defendant by mutual consent with the victim immediately after the judgment of the court below is rendered.

In addition, in full view of the circumstances where the defendant is in the front of childbirth, the age, character and conduct of the defendant, and all the sentencing conditions shown in the records and arguments of this case, the punishment sentenced by the court below is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 283 (1) of the Criminal Act concerning the selection of punishment;

1. Penalty of KRW 1,00,000, which is to be suspended; and

1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day) to attract a workhouse;

1. Article 59 (1) of the Criminal Act (Special Consideration in light of the circumstances above);

arrow