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(영문) 광주지방법원 2017.11.07 2016노4785
특수협박등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (the first instance court: the two-year suspended sentence, the observation of protection, the community service, the lecture course for alcohol treatment and the second instance court: the two-year suspended sentence in imprisonment with labor for a period of eight months) is too uneasable and unfair;

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, this Court decided to concurrently examine the appeal cases against the judgment of the court below. Each of the offenses against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment, which increased concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

3. As such, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The facts constituting an offense and the summary of evidence recognized by the court and the summary of evidence are as 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 legal provisions concerning criminal facts, Articles 284, 283(1) (a) of the Criminal Act, Article 366 of the Criminal Act, Articles 314(1) and 313 of the Criminal Act, Article 329 of the Criminal Act, Article 397(1) (a) of the Criminal Act, Article 70(1)3 (the use of a stolen credit card) of the Act on Financial Business Specializing in Credit, and each choice of imprisonment;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the Defendant agreed with other victims except for a violation of the Act on Financial Business Specializing in Credit and a victim of fraud, and the amount of damage is not much high

On the other hand, the defendant committed a special intimidation against the victim E on March 28, 2016.

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