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(영문) 대구지방법원 2019.11.20 2019노2653
특수협박
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. The crime of this case is not likely to be committed in view of the risk of the Defendant’s act of taking into account the following factors: (a) the Defendant’s spouse, who was the Vietnamese’s spouse, consulted with D consultants; and (b) intimidation by taking advantage of auxiliary and knife

However, in light of the favorable circumstances, such as the confession of the crime of this case and the fact that the defendant is against the defendant, the victims do not want the punishment of the defendant, there is no record of criminal punishment exceeding the fine, the child support for two children has been paid in good faith even after the divorce, and in the future, the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, circumstances after the crime of this case, criminal records, etc. and all of the sentencing conditions specified in the records and arguments, such as the records and arguments of this case are inappropriate.

3. If so, the defendant's appeal is reasonable. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 284 and 283 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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