(영문) 수원지방법원 2018.04.27 2018노1946 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.04.27 2018노1946

공갈미수등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The lower court, based on the evidence duly admitted and examined, found the Defendant guilty of all the charges, and subsequently ordered a fine of KRW 200,000 to be imposed on the crimes No. 1, 2, 4, or 10 as indicated in the lower judgment, with respect to the crimes No. 1, 2, and 6 months, and No. 3 as indicated in the lower judgment.

2) The prosecutor and the Defendant appealed for the reason that the sentencing was unfair.

Before remanding, the appellate court dismissed all appeals by the prosecutor and the defendant on the ground that the sentence imposed by the court below against the defendant is too heavy or unreasonable because it is too heavy in the scope of proper sentencing discretion.

3) The Defendant filed an appeal on the ground that the appellate court did not give the Defendant an opportunity to make a final statement prior to the closure of pleadings, thereby violating the statutes pertaining to litigation procedures.

The Supreme Court reversed and remanded the above judgment on the ground that it erred in violation of Article 303 of the Criminal Procedure Act and affected the conclusion of the judgment in the judgment before remanding, without giving the defendant an opportunity to make a final statement of opinion, and after closing the pleadings.

2. The summary of the grounds for appeal 1) The Prosecutor’s sentence (2 years and six months of imprisonment with prison labor for the crimes No. 1, 2, 4 or 10 as indicated in the holding, and 2 million won for the crimes No. 3 as indicated in the holding) is too unfasible and unfair.

2) The lower court’s punishment is too unreasonable.

3. The lower court, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant, rendered each of the two and half years and six months imprisonment with prison labor for the crimes set forth in Articles 1, 2, 4, and 10 as indicated in the lower judgment, and 2 million won for the crimes set forth in Article 3 as indicated in the lower judgment.

The court has committed most of the crimes of this case during the period of repeated crime even though the defendant has already been subject to criminal punishment several times for the same kind of crime, and the defendant will not again be subject to criminal punishment.

In addition, it is highly against the victims, and there is an agreement with a considerable number of victims.

유사 판례

-의정부지방법원 2017.03.31 2017노155

-부산지방법원 2016.04.29 2016노960

-서울중앙지방법원 2021.04.06 2020노3391

-대전고등법원 2016.03.28 2016노6

-서울동부지방법원 2018.11.29 2016노997