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(영문) 서울북부지방법원 2012.12.26 2012노1368
공갈등
Text

The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal is deemed unreasonable because the punishment of the judgment of the court of first instance (six months of imprisonment) is too unhued.

2. The first instance court ex officio examined the grounds for appeal by the prosecutor ex officio prior to the judgment on the grounds for appeal by the ex officio, and the first instance court erred by omitting the attached list and not specifying the crime, which affected the conclusion of the judgment. The first instance court was no longer able to maintain the judgment.

3. In conclusion, the judgment of the court of first instance is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the prosecutor, and it is again decided as follows.

Criminal facts

The summary of the defendant's criminal facts and the summary of the evidence recognized by the court is as stated in the corresponding column of the judgment of the court of first instance, except for the addition of the attached list of crimes (However, the date and time of No. 1 per year shall be " around January 2012", the date and time of No. 2 shall be " around March 2012", and the date and time of No. 3 shall be changed to " around April 2012", respectively) at the end of the judgment of the court of first instance as stated in the corresponding column of the judgment of the court of first instance, and it shall be cited as it

Application of Statutes

1. Relevant Article 350(1) of the Criminal Act, the choice of punishment for the crime, Article 350(1) of the Criminal Act (the point of conflict, the choice of imprisonment), Article 314(1) of the Criminal Act (the point of interference with business, the choice of imprisonment), Article 319(2) and (1) of the Criminal Act;

1. In full view of the following circumstances: (a) the amount of damage caused by the crime of conspiracy with the reason for sentencing as prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which is not significant in the amount of harm caused by the crime of conspiracy with the reason for sentencing; (b) the Defendant has no penalty heavier than the sentence since 2001; and (c) other circumstances constituting the conditions for sentencing as recorded in the records, such as the Defendant’s age, character and conduct, environment, motive and means of the crime, and the circumstances after the crime

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