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(영문) 서울남부지방법원 2016.06.16 2015노2126
폭력행위등처벌에관한법률위반(상습협박)
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal reveals that the Defendant remains the victim’s money to receive.

I think the victim and tried to find the victim, and finally, the crime of this case was committed at the end of the city.

Defendant 1 was well-known or was well-known, and is against his will.

In other words, we will live faithfully without approaching the victim.

The degree of violence against the victim is minor.

In full view of these circumstances, the punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. Ex officio determination: (a) the prosecutor applied for amendments to the indictment with the content of “Act on the Punishment of Violences, etc. (Habitual Intimidation)” in the name of the crime in the indictment at the trial of the party; (b) Article 2(1)1 of the applicable law to “Article 2(1) of the Punishment of Violences, etc. Act and Article 283(1) of the Criminal Act” as “Article 285 and Article 283(1) of the Criminal Act,” respectively; and (c) since this court permitted this, the judgment of the court below was no longer maintained.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.

【Grounds for a new judgment】 The facts constituting a crime and summary of evidence recognized by the court are identical to the facts stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions of the Criminal Act and Articles 285, 283(1) (Habitual intimidation and choice of imprisonment), and 260(1) (a) of the Criminal Act concerning criminal facts;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Each of the crimes in this case committed by the Defendant on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are aggravated for concurrent crimes, is deemed to be inferior to the quality of the crimes.

On the other hand, the defendant is at the trial.

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