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(영문) 서울동부지방법원 2018.01.26 2017노1565
특수협박
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) and the risk of the instant crime, the term “the postponement of the sentence of imprisonment (four months) and the observation of protection between one year” sentenced by the lower court against the Defendant is too minor punishment and unfair.

2. The following circumstances revealed in light of the reasoning of the judgment and the records of the instant case, namely, the Defendant’s intimidationd the victims by using a kitchen with a high risk, and the victims.

In full view of the fact that the degree of harm and injury that was notified as intimidation was very serious, that the victims did not receive a letter from the victims, and that there were other factors for sentencing, even if considering that the defendant suffered from a mental disease, the court below's punishment seems to be unfair because it is too unfasible.

3. Accordingly, the prosecutor’s appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence against the defendant recognized by the court is identical to that stated in the corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 284 of the Criminal Act, Articles 283 (1) and 283 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

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