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(영문) 춘천지방법원 강릉지원 2019.09.19 2019노266
강요등
Text

The judgment of the court below is reversed.

As to the first and second crimes in the judgment of the court below, the defendant is sentenced to the third and fourth crimes in the judgment of the court below.

Reasons

1. The summary of the grounds for appeal (e.g., 1 and 2: 1 year, 3 and 4: imprisonment with prison labor for 10 months) of the lower court is too unreasonable.

2. Determination

A. In light of the purpose that the defendant tried to achieve through the instant crime, the degree of assault and intimidation used for the instant crime, etc., of the judgment on the first and second crimes as indicated in the judgment of the court below, the crime of this case was very poor, and the fact that the defendant has been punished several times for the same crime is disadvantageous to the defendant.

However, in light of the fact that the defendant committed the crime in this case against the defendant's wrong judgment when he was in the trial, that the defendant does not want the punishment of the above victim by mutual consent with the victim E when he was in the trial, that the crime in this case must consider equality in the case of judgment concurrently with the crime of violation of the Punishment of Violences, etc. Act (joint injury) which became final and conclusive, and all other sentencing conditions such as the defendant's age, character and behavior, environment, circumstance of the crime, circumstance after the crime, etc., it is judged that the sentence of the court below is too unreasonable.

B. The crime of this case as to the part 3 and 4 of the judgment of the court below is committed during the period of suspension of execution due to violent crime and its nature is poor, the defendant's blood alcohol concentration was high at the time of driving under the influence of alcohol in this case, and the defendant has a record of being punished several times for the same crime, which is disadvantageous to the defendant.

However, in full view of all the sentencing conditions, including the Defendant’s age, character and conduct, environment, background of the crime, and circumstances after the crime, etc., the lower court’s judgment is based on the following: (a) the Defendant’s perception of the crime of this case and reflects the mistake; (b) the distance of the driving of this case is very short; (c) the degree of injury caused by the crime of this case is not serious; and (d) the Defendant does not want the punishment of the Defendant; and (e) the Defendant

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