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(영문) 서울중앙지방법원 2016.03.24 2015노4864
폭력행위등처벌에관한법률위반(상습공갈)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

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

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

In the first instance trial, the prosecutor filed an application for changes in the indictment with the content of changing the name of the crime into “Habitual Bribery,” and the applicable legal provision was amended to “Article 351 and Article 350(1) of the Criminal Act,” and the judgment of the court below was no longer maintained as the case was permitted.

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

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 351 and 350(1) of the Criminal Act regarding criminal facts, the sentencing of the sentence of imprisonment [types] and Article 1 type of punishment (special imprisonment) (special imprisonment) (where punishment is not imposed or significant damage is recovered: Where punishment is committed repeatedly for a large number of victims or for a considerable period of time (decision on the area of recommendation]: Imprisonment with prison labor for two or five years [decision on the area of recommendation], with the history of being subject to punishment more than 20 times due to fraud and extortion due to the previous imposition of punishment, and, in particular, imprisonment with prison labor for a period of six or more years, with prison labor for a period similar to this case, for a period of suspension of execution of execution of a crime in the light of the following facts: (a) imprisonment with prison labor for more than two or more years; (b) imprisonment with prison labor for more than two or more years; and (c) imprisonment with prison labor for more than two or more years; and (d) imprisonment with prison labor for more than six years, etc.

Article 351 of the Criminal Code provides that the applicable law provides that a person who commits a crime shall be punished by Amendments to Bill of Indictment.

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