(영문) 대구지방법원 2017.11.24 2017노3742 | 리걸엔진

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(영문) 대구지방법원 2017.11.24 2017노3742

공갈

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the punishment sentenced by the court below (as to the punishment Nos. 4 through 7, 12 through 18, 20 through 22, 24, 25, 27, 28, 30, and 32 as to the punishment of imprisonment with prison labor, the punishment of imprisonment with prison labor is too unreasonable. It is unfair that the punishment of imprisonment with prison labor is too unreasonable.

B. Of the facts charged in this case by misapprehending the legal principles, as to each of the offenses listed in the separate sheet Nos. 1 through 3 and 11 among the facts charged in this case, each of the above offenses does not constitute concurrent crimes with the defendant's other crimes, as determined by the court below, and it constitutes one crime by combining each of the offenses committed by the court below and each of the victims.

Therefore, the crime of attack against the victim A (No. 1 through 3 of the same Table) is a single comprehensive crime that ends on July 18, 2016 (No. 8 of the same Table), and the crime of attack against the victim G (No. 11 of the same Table) is a single crime that ends on May 21, 2015 (No. 15 of the same Table). These crimes constitute a crime after the violation of the Punishment of Violences, etc. Act (Habitual Bribery).

The prosecutor's appeal on August 14, 2017 seems to have asserted as to the starting point of the statute of limitations for the crime. However, it is evident that the court below was not acquitted on the ground that the statute of limitations has expired.

Therefore, the judgment of the court below which acquitted the defendant on the ground that the above public conflict does not have the effect of the final judgment, even though it did not have the effect of the final judgment, has an error of law by misunderstanding the legal principles.

2) The above sentence sentenced by the lower court is too unhued and unfair.

2. Determination

A. Judgment on the Prosecutor’s argument of misunderstanding the legal principles of fraud 1) In the event that the money was acquired by deception through several times against the same victim in fraud, if the criminal intent is single and the method of crime is the same, only one of the crimes of fraud shall be included.

참조조문

-폭력행위 등 처벌에 관한 법률

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