logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.06.12 2014노1611
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Defendant D and J’s decision on the appeal (Submission of the Reasons for Appeal) is obvious in the record that Defendant D and J submitted each appeal against the lower judgment on November 10, 2014, and Defendant J submitted each appeal against the lower judgment on November 12, 2014, and Defendant D was notified of the receipt of the notification of the trial records by each court on December 5, 2014, and Defendant J was unable to submit the Reasons for Appeal within 20 days from the receipt of the notification of the trial records on December 4, 2014; Defendant D andJ did not contain any description of the Reasons for Appeal in the petition of appeal; and even if examining the records, it is impossible to find the reasons for appeal ex officio, and thus, Defendant D andJ’s appeal should be dismissed by a ruling under Article 361-4(1) of the Criminal Procedure Act, or as seen below, each of the remaining Defendants’ appeal is dismissed by a en bloc judgment.

2. Determination on the grounds of appeal by Defendant B, F, G and H

A. The summary of the grounds of appeal (1) is that the defendants B, F, G (A) violated the Punishment of Violence, etc. Act (joint conflict) and violation of the Punishment of Violences, etc. Act (joint detention) are not jointly committed against the victim N (hereinafter referred to as the "victim") by misunderstanding of facts (1) and committing a violation of the Act on the Punishment of Violences, etc. (joint confinement).

(B) Defendant F’s opening of the gambling room was not involved in the establishment of the gambling room, and Defendant F merely sought gambling.

(2) The sentence of unfair sentencing (Defendant B, F, G, and H) by each sentence of the lower court (Defendant B, Defendant B, and F: 2 years of suspended sentence in October, community service work 120 hours, Defendant G: 2 years of suspended sentence in August, 2 years of suspended sentence, community service 120 hours, Defendant H: fine of one million won in fine) is too unreasonable.

B. The evidence duly adopted and examined by the court below as to the assertion of mistake of facts regarding Defendant B, F, and G’s violation of the Punishment of Violences, etc. Act (joint conflict) and violation of the Punishment of Violences, etc. Act (joint confinement).

arrow