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(영문) 의정부지방법원 2017.11.13 2017노2628
특수존속협박등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (10 months of imprisonment) is too unreasonable.

2. The nature of the crime is very heavy in light of the content of the crime committed by threatening the victims who are parents and assaulting them.

However, considering the following: (a) the Defendant appears to repent in depth; (b) there was no history of punishment due to the force of punishment exceeding a fine or violent crime; and (c) the victims have expressed their intent not to have the Defendant punished; and (d) other various sentencing conditions indicated in the record, such as the background of the crime; (b) the circumstances after the crime; (c) the relationship between the Defendant and the victims; and (d) the Defendant’s age and sexual behavior, the sentence of the lower court is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

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

Application of Statutes

1. Articles 284, 283(2) and 283(1) (a) of the Criminal Act concerning the facts constituting an offense, and Articles 261, 260(2), and 260(1) (a) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation and treatment order under Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Care, Care, Care, etc. Act (including the fact that the victims wish to receive a medical treatment for alcohol addiction on the condition that they agree);

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