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(영문) 의정부지방법원 2015.04.22 2015노522
폭력행위등처벌에관한법률위반(공동협박)등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

provided that this ruling has become final and conclusive.

Reasons

1. Summary of grounds for appeal and objects of adjudication;

A. Of the facts charged in the instant case, the lower court dismissed the prosecution on the grounds of the victim’s failure to punish the victim E, and sentenced the Defendant to 10 months of imprisonment with prison labor, recognizing the violation of the Punishment of Violences, etc. (Joint Intimidation) against the victim I and the violation against the victimO, and sentenced the Defendant to 10 months of imprisonment, and only the Defendant appealed against the aforementioned guilty portion.

Therefore, since the part of the judgment of the court below that the prosecutor and the defendant did not appeal becomes final and conclusive, it is limited to the guilty part of the judgment below.

B. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment) is too unreasonable.

2. In light of the circumstances leading up to each of the crimes of this case, the facts leading up to the judgment are disadvantageous to the defendant.

However, in light of various circumstances, including the defendant's age, environment, family relations, and the result of the crime of this case, the victim does not want to be punished by all the victims, the elderly mother and wife, and the child (her father and wife are suffering from leuk blood disease) who continues to be detained as the best support of the victims of each crime of this case until the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the defendant, and there seems to be an excessive economic difficulty for the family of the defendant, and the defendant has a record of being sentenced to a suspended sentence of two years for a year of imprisonment for the same crime of the same kind in around 1999, but the defendant has no criminal record other than punishment by a fine for one time in around 2013, the defendant's appeal of the defendant is judged to be unfair because the punishment imposed by the court of the trial of the court of the trial of the defendant is somewhat inappropriate.

3. Accordingly, the lower judgment is determined in accordance with Article 364(6) of the Criminal Procedure Act.

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