beta
(영문) 청주지방법원 2015.05.08 2015노166

폭력행위등처벌에관한법률위반(공동공갈)

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendants (the defendant A: imprisonment of two months and imprisonment of ten months, the defendant B and C: imprisonment of eight months, and the defendant D: fine of three million won) is too unreasonable.

2. Determination

A. Defendant A seems to have recognized all of the instant crimes and against his mistake.

In addition, the defendant has reached an agreement with the victims whose personal information is confirmed from the investigative agency to the original trial, and the victims do not want to be punished by the defendant.

In addition, the facts stated in the judgment of the court below are as follows: (a) there was no previous criminal record so far, and there was no history of punishment for the defendant; and (b) the crimes of Articles 1 and 3 of the facts constituting the crime in the judgment of the court below should consider equity in the case of concurrent crimes under the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of attempted larceny of night buildings which became final and conclusive on July 20, 2013; and (c) the facts that the gains acquired by the above crimes are less than the amount of

However, the crime of this case was committed by the Defendant in collusion with other defendants since December 2012, 201, and was committed in collusion with the victim by intentionally causing a contact with them, and was committed by drinking driving. In light of the circumstances where the Defendant solicited other defendants to commit the crime and took the leading role, the punishment of illegality is very serious.

Furthermore, on July 12, 2013, the Defendant, while committing the instant crime, was sentenced to suspended sentence for the crime of larceny at night and was sentenced to a final judgment, and continued to commit the same crime from September 18, 2013 (the first instance judgment Nos. 3) to September 17, 2014, even though he had been in the period of suspended sentence for not less than three months since the said judgment became final and conclusive.

In addition, the number of the defendants committed a crime in collusion with the defendants, F, I, etc. reaches 19 times in total, and 16 persons in total.