(영문) 울산지방법원 2017.01.26 2016노2104 | 리걸엔진

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(영문) 울산지방법원 2017.01.26 2016노2104

공갈등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the content, circumstances, etc. of each of the instant crimes, the nature of the crime does not seem to be light, and the victim appears to have suffered heavy mental pain due to the habitual assault, intimidation, etc. of the Defendant, and the Defendant committed again the instant crimes even though he/she had been subject to criminal punishment several times due to the past violent crimes, etc., which are disadvantageous to the Defendant.

However, in addition to the various sentencing conditions shown in the arguments and records, such as the defendant's age, sex and environment, and circumstances after the crime, and various sentencing conditions as well as the sentencing guidelines set forth in the sentencing guidelines guidelines of the Supreme Court, the scope of recommended punishment (no more than one year and February 20) [the scope of recommended punishment] [the range of recommended punishment] of types 1 (no more than 30 million won) and the mitigation area (no more than eight months) [the mitigated area] of types 1 (no more than eight months)] of the mitigated area in general (no more than eight months) [the defendant] of the mitigated area where punishment is not imposed or significant damage is recovered due to a special mitigation / [the scope of recommended punishment] of crimes / [the scope of recommending punishment] of crimes / [the scope of general assault (no more than eight months)] of the mitigated area of punishment where punishment is too reduced or damaged by two months or less.

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

[Judgment which is used again] Summary of facts constituting a crime and evidence shall be the court.

유사 판례

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-서울서부지방법원 2018.04.20 2018고단754

-광주지방법원 목포지원 2017.04.27 2017고단12