logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.05.10 2018노80
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (No. 1 year of imprisonment, and No. 2 of the lower judgment: imprisonment with prison labor) that the lower court sentenced to the Defendant by the prosecutor is too unfasible and unfair.

B. Each sentence imposed on the Defendant by the lower court is too unreasonable.

2. We examine ex officio the appeal ex officio, and the defendant filed each appeal against the judgment of the court below, and examined the appeal case in the first instance court. However, as long as each crime of the judgment of the court below, which the judgment of the court below sold, is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered at the same time and a sentence should be imposed. In this regard, the judgment of the court below cannot be maintained any more

In addition, the judgment of the first instance court found the defendant guilty of violating the Guarantee of Automobile Damage Compensation Act (the operation of a vehicle with no mandatory insurance), but omitted the applicable provisions in the application of the Act, so the judgment of the court below on this part cannot be maintained as it is.

3. If so, the judgment of the court below is reversed ex officio as above, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without further proceeding to decide on the unfair argument of sentencing by the prosecutor and the defendant, and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 6, Article 2 (2) 3 and 2 of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 350 (1) and Article 276 (1) of the Criminal Act, Article 151 of the Road Traffic Act (the occupation of damage to business and real property), Article 46 (2) 2 of the Guarantee of Compensation for Damages of respective Vehicles, and the main sentence of Article 8 (the occupation of operating a vehicle which has not mandatory insurance);

1.Article 40 of the Criminal Code of Trade and Trade.

arrow