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(영문) 춘천지방법원 2017.08.10 2016노1009
특수협박등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (1.5 million won in penalty) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

According to the evidence examined by the lower court, the Defendant was sentenced to one year of suspension of the execution of six months of imprisonment for an injury at the Chuncheon District Court on February 4, 2016, and the judgment became final and conclusive on May 13, 2016.

As above, in relation to the crimes for which judgment has become final and conclusive and each of the crimes of this case, punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity in cases where a judgment is to be rendered at the same time in accordance with the first sentence of Article 39(1) of the Criminal Act, since the crimes of this case are concurrent crimes after Article 37 of the Criminal Act, and then the application of the

Therefore, the judgment of the court below was no longer maintained.

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion, and the judgment of the court below is reversed and it is again decided as follows.

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

Application of Statutes

1. Relevant Articles 284 and 283 (1) (a point of special intimidation) of the Criminal Act, Article 3 (3) 2 (a point of false reporting) of the Punishment of Minor Offenses Act, and Article 3 (2) 3 (a point of interference with business) of the Punishment of Minor Offenses Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the punishment imposed on the crime of violation of the Punishment of Minor Offenses Act, each of whom constitutes a crime of violation, and the punishment imposed on the crime of violation of the Punishment of Minor Offenses due to a heavier false report);

1. Selection of each alternative fine for punishment;

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (where punishment is more severe special intimidation) of the Criminal Code to increase concurrent crimes.

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