(영문) 대전지방법원 2016.09.29 2016노1960 | 리걸엔진

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(영문) 대전지방법원 2016.09.29 2016노1960

폭력행위등처벌에관한법률위반(공동공갈)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. In full view of the following factors: (a) the nature of the instant crime is not good; (b) the Defendant committed the instant crime during the suspended execution period due to violent crimes; (c) the Defendant committed the instant crime against the Defendant; (d) the Defendant deposited KRW 1 million in the first instance court to recover the victim’s damage; and (c) the Defendant’s age, sexual conduct, environment; (d) the background, means and consequence of the instant crime; and (e) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances after the instant crime; and (e) the family relationship, the Defendant’s punishment imposed by the lower court is deemed unfair; and therefore, (e) the Defendant’s wrongful assertion of sentencing is with merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Article 2(2)3 of the Act on the Punishment of Violences, etc., the Selection of Punishment of Criminal Crimes, Article 350(1) of the Criminal Act (joint conflict point, selection of a punishment by imprisonment), Articles 6 and 2(2)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (joint conflict point, selection of a punishment by imprisonment), Article 350(1) of the Criminal Act (joint conflict point, and selection of a punishment by imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제3호

-폭력행위 등 처벌에 관한 법률 제6조

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