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(영문) 수원지방법원 2015.10.07 2015노2861
폭력행위등처벌에관한법률위반(공동공갈)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The Defendant committed the instant crime against the proprietor of a singing practice room and was punished for special robbery, etc. as stated in the judgment of the court below, as long as the period of release had not yet passed since the Defendant committed each of the instant crimes against the proprietor of the singing practice room business, such as accomplices, during the period of repeated crimes, is disadvantageous to the Defendant.

However, in full view of the fact that the Defendant appears to have led to the confession of each of the crimes in this case and to reflect the depth of the Defendant’s efforts, the victims agreed with the victims at the investigation stage. The victims wanted to have the Defendant’s prior position in the trial, the equity in the case of larceny, etc. at the same time with the judgment of the court below, which became final and conclusive, and other circumstances constituting the conditions for sentencing indicated in the records, such as the character and conduct, age, family relationship, motive and background of the crime, means and consequence of the crime, etc., it is recognized that the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc., and Article 350 (1) of the Criminal Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes (limited to the previous crimes of special robbery, etc.);

1. Handling concurrent crimes: the latter part of Article 37 and the main sentence of Article 39(1) of the Criminal Act (trade between each crime and larceny, etc. in which judgment becomes final and conclusive).

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