(영문) 부산지방법원 2016.05.20 2015노4368 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 부산지방법원 2016.05.20 2015노4368

협박

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is unfair because the punishment (five million won penalty) of the court below is too unreasonable.

2. Withdrawal of the indictment by the method of ex officio determination of changes in the indictment can be limited to a part of the indictment within the extent that the identity of the indictment is recognized. As such, where several facts charged in the indictment are not identical, and there are substantive concurrent relationships with each other, it shall not be the method of the modification of indictment, but the procedure for partial revocation of the indictment in order to withdraw a part of the indictment. In addition, where there is an application for withdrawal of a part of the indictment among several facts charged in substantive concurrent relations, it is obvious that this is the purpose of revoking the indictment, even though it does not meet the form of application for revocation of the indictment, the decision to dismiss the indictment shall be made by deeming the revocation of the indictment (see Supreme Court Decision 91Do1438, Apr. 24, 1992, etc.). ex officio, the Health Department and the Prosecutor applied for the amendment of the indictment in the judgment of the court below as to the prosecution of this case. In light of the above legal principles, it is obvious that this part of the indictment is revoked.

Thus, this part of the prosecution is dismissed in accordance with Article 328 (1) 1 of the Criminal Procedure Act.

In addition, since a member decided to dismiss a public prosecution against this part, the subject of the trial has changed, and the judgment of the court below based on the facts charged prior to the cancellation of the public prosecution can no longer be maintained.

3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is ruled as follows through pleading.

Criminal facts

The defendant is a violence organization, which is a part of the main activity stage of the Sogsan-dong in Busan-gu.

참조판례

-대법원 1992. 4. 24. 선고 91도1438 판결

유사 판례

-서울남부지방법원 2016.02.16 2015노1934

-대법원 1986. 9. 23. 선고 86도1487 판결

-수원지방법원 2017.04.12 2017노1213

-대법원 1992. 4. 24. 선고 91도1438 판결

-인천지방법원 2016.12.15 2016노1715