(영문) 수원지방법원 2017.05.19 2016노7076 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2017.05.19 2016노7076

공갈등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the public prosecution against intimidation among the facts charged against the Defendant, and convicted the Defendant of the remainder of the charges.

However, since there is no appeal as to intimidation against the dismissal of public prosecution by filing an appeal on the part of the court below's conviction, only the remaining guilty part of the court below's judgment, except the dismissed part, is subject to this court's adjudication.

2. The reasoning for appeal is that the lower court’s punishment (No. 2 and No. 3 of the judgment of the lower court: a fine of KRW 9 million, and a fine of KRW 4 of the judgment of the lower court: a fine of KRW 2 million) is too unreasonable.

3. Determination

A. In full view of the following circumstances: (a) the Defendant confessions and objects to crimes Nos. 2 and 3 of the judgment of the court below; (b) agreement with the victims; and (c) the equity with the case subject to punishment at the same time with the crime of violation of the Punishment of Violences, etc. Act (joint intimidation) which became final and conclusive in the judgment of the court below; (c) certain crimes are committed during the period of repeated crimes; and (d) the victims of several persons’ sexual crimes committed money, and the nature of such crimes is not easy; and (d) the court below’s punishment is too unreasonable, taking into account all the sentencing conditions, such as the Defendant’s age, sexual conduct, motive for and frequency of the crime, the number of crimes, and the circumstances after the crime.

B. As to the crime No. 4 of the holding of the court below, under favorable circumstances such as the confession and reflectiveness of the defendant, the agreement with the victim, etc., the crime during the suspension of execution, and the hedging.

In full view of the following circumstances: (a) the Defendant’s age, sexual conduct, motive for and frequency of the crime, method of the crime, method of the crime, and circumstances after the crime was committed; and (b) the sentence of the lower court is too unreasonable because it is too unreasonable for the lower court to take account of the following factors: (a) the Defendant’s age, sexual conduct, motive for the crime, frequency of the crime, method of the

4. Thus, the defendant's appeal is correct.

참조조문

-폭력행위 등 처벌에 관한 법률

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