logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2016.11.24 2016노756
협박등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

The number of seized cell phones (SMG7102) is increased by one.

Reasons

1. The summary of the grounds for appeal is unreasonable because each of the original decisions (No. 10 months of imprisonment, confiscation, and 8 months of imprisonment) is too unreasonable.

2. After the judgment of the court of first and second trials was rendered, the defendant filed an appeal respectively, and the court decided to hold a joint hearing of each appeal case.

Each of the lower judgment against the Defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act. Accordingly, each of the lower judgment cannot be maintained as it is.

3. Accordingly, each court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it is again decided as follows, after oral argument.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to the corresponding column of each judgment of the court below, except for the alteration of “1. The Defendant’s partial statement in court” to “1. The Defendant’s oral statement in court” under Article 369 of the Criminal Procedure Act. As such, the summary of the facts charged and the evidence is cited as it is in accordance

Application of Statutes

1. Article 283 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 94 subparagraph 17 of the Immigration Control Act, Article 25 of the Immigration Control Act, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime at issue;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (the crimes committed after the accident) shall be more severe;

arrow