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(영문) 인천지방법원 2014.07.10 2014노1533
공갈등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendant by threatening the owner of a business in five different singings, thereby passing through or threateninging the payment. The Defendant was sentenced to a suspended sentence of five years for the crime of rape injury at the Incheon District Court on October 22, 2010, and the judgment became final and conclusive on January 8, 2011, and is currently under the suspended sentence. On March 14, 2012, the Defendant committed each of the crimes of this case without being sentenced to a fine by the Incheon District Court on March 14, 2013 and committed each of the crimes of this case without being sentenced to a suspended sentence.

However, the defendant's mistake is recognized and divided, and the court below has agreed with four of the whole five victims, and the remaining one victim has agreed with the court below for the first time, and the defendant's family members and branch members have been leading the defendant and are seeking measures against the defendant, and other various circumstances that are conditions for sentencing as shown in the records, such as the circumstances before and after the crime of this case, the defendant's age, character and behavior, environment, family relationship, and criminal records, the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 350(1) of the Criminal Act (the point of conflict), Articles 352 and 350(1) of the Criminal Act (the point of conflict), Articles 352 and 350(1) of the Criminal Act, and each of the imprisonment with prison labor;

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