logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.08.13 2019노700
특수협박등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a year and February of one year and a fine of KRW 500,00.

The above fine shall be imposed on the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one hundred months of imprisonment and a fine of five hundred thousand won) is too unhued and unreasonable.

2. The Defendant committed each of the instant crimes during the suspended execution and probation period, even though he was sentenced to a suspended sentence of one year of imprisonment for a crime of intimidation against special lineal ascendants, etc.

In addition, each of the crimes in this case committed a repeated crime even though the defendant was arrested several times due to the arrest of the offender.

In consideration of the contents of each of the instant crimes and the time interval between each of the instant crimes, it is deemed that the Defendant’s awareness of compliance significantly falls and the risk of recidivism is high.

In full view of the contents of the crime and the frequency of the crime, it is judged that the punishment of the court below is too uneasible and unfair.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as that of each corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 314 (1), 284, 283 (1), 260 (1), and 311 of the Criminal Act concerning criminal facts; Article 2 (2) 3 of the Punishment of Violences, etc. Act; Article 257 (1) of the Criminal Act; Article 3 (3) 1 of the Punishment of Minor Offenses Act;

1. A fine for a violation of the Punishment of Minor Offenses Act, which choose a sentence, and a sentence of imprisonment for the remaining crimes, shall be chosen;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. We examine the reasons for sentencing prior to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act.

arrow