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(영문) 창원지방법원 2018.08.30 2018노1305
특수협박등
Text

The judgment of the court below is reversed.

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

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

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and five months of imprisonment) is too unreasonable.

2. The judgment that the Defendant repeats domestic violence against his spouse is disadvantageous to the Defendant.

However, there are circumstances favorable to the defendant, such as the fact that the defendant made confessions of all the crimes and reflects against himself, that the victim (the spouse of the defendant) did not want the punishment against the defendant from the original trial to the original trial, that the defendant wants to have his wife against the defendant, that the defendant does not have the same criminal record, that the most recent criminal record is the criminal record before about 20 years, that is the criminal record before the last 20 years, and that he was detained by the case and detained for 6 months or longer, and that he appears to have an opportunity of reflect.

In full view of the above circumstances and the defendant's age, sex, motive, means and consequence of the crime, and all of the sentencing conditions shown in the arguments, such as the circumstances after the crime, the sentence imposed by the court below is too unreasonable.

3. In conclusion, 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 after pleading.

[Grounds] The summary of facts constituting an offense and evidence recognized by this court is as follows: (a) the summary of facts constituting an offense and the summary of evidence admitted by this court shall be cited in accordance with Article 369 of the Criminal Procedure Act, except that the phrase “1. Part of the Defendant’s legal statement” in part 69 of the summary of evidence as “1. Defendant’s legal statement” is the same as that of each corresponding column of the lower judgment.

Application of Statutes

1. Relevant legal provisions of the Criminal Act, Articles 284, 283(1) of the Criminal Act (special intimidation), Articles 369(1) and 366 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The conditions favorable to the defendant as seen earlier);

1. Confiscation of the Criminal Act;

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