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(영문) 수원지방법원 2019.02.13 2018노6463
강요등
Text

The judgment of the court below is reversed.

As to the crime of injury to the defendant's judgment, the crime of coercion is committed in 6 months of imprisonment.

Reasons

1. The gist of the reasons for appeal is that the original court’s imprisonment (six months of imprisonment and one year and two months of imprisonment) is too unreasonable.

2. In light of the content and result of each of the instant crimes, the circumstances following the crime, the degree of injury suffered by the victim, the Defendant’s attitude, etc. in the course of investigation and trial, etc., the victim seems to have suffered considerable property damage and suffered considerable mental suffering.

Many of the defendants have been punished for violent crimes. In light of the above defendant's past records and the contents of the crime of this case, it is necessary to prevent the risk of recidivism in the future.

However, in light of the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, method and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is somewhat unreasonable, and it is recognized that the defendant's punishment is inappropriate in light of the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, the method and consequence of the crime, etc., and the circumstances after the crime.

The defendant's assertion of unfair sentencing is justified.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 257 (1) of the Criminal Act, Article 324 (1) of the Criminal Act and Article 324 (1) of the Criminal Act and the choice of imprisonment for a crime;

1. The judgment of the court below is based on the judgment of the court below, which became final and conclusive in the latter part of Articles 37 and 39(1) of the Criminal Code concerning concurrent crimes.

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