beta
(영문) 광주지방법원 2020.01.15 2019노1324

폭력행위등처벌에관한법률위반(공동공갈)

Text

Defendant

All appeals filed by B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s imprisonment (two months of imprisonment and two years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence (for the accused, 8 months of imprisonment and 2 years of suspended execution) of the lower court is deemed to be too unhued and unreasonable.

2. Determination

A. In light of the circumstances properly explained by the lower court in the reasons for sentencing, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as well as the sentencing conditions as shown in the argument of this case. The Defendant’s acknowledgement of the crime of this case in the first instance court and reflects it in the first instance court, the Defendant did not have any particular criminal record, other than once a fine, there are circumstances that may be considered in the circumstance leading to the crime of this case, and there are no particular changes in the sentencing conditions in the first instance court compared with the lower court. Thus, the Prosecutor’s assertion is without merit.

B. Defendant B, including the circumstances properly explained by the court below in its sentencing reasons, takes into account the sentencing conditions specified in the arguments of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.; the Defendant’s acknowledgement of the crime of this case and reflects it in the trial; circumstances that may be considered in the circumstance leading to the crime of this case; the Defendant did not gain substantial benefits from the crime of this case; Provided, That there are records of the Defendant’s punishment for the same crime of this case; the Defendant did not agree with the victim; the amount of the proceeds of this case is not large; and the amount of the proceeds of this case is not significantly changed in the sentencing conditions in the trial compared with the court below; thus, the Defendant and the prosecutor’s aforementioned assertion are too heavy or uneasible.

3. In conclusion, each appeal filed by Defendant B and the prosecutor against the Defendants is without merit, and the Criminal Procedure Act is without merit.

참조조문