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(영문) 광주고등법원 2015.01.08 2014노424

폭력행위등처벌에관한법률위반(공동공갈)등

Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (Defendant A: imprisonment of one year and six months, fine of 300,000 won, Defendant B: imprisonment of six months) is too unreasonable.

Judgment

Defendant

The sentencing criteria shall not apply to each crime against A (hereafter referred to as "defendants" in this paragraph) since all of the offenses against Defendant A are concurrent crimes with special larceny, etc. for which the judgment becomes final and conclusive, and Article 37 of the Criminal Act provides concurrent crimes.

It is advantageous to the fact that the defendant led to the entire confession of the crime and reflects his mistake, that the defendant seems to have a possibility of edification and improvement at the young age of 20 years, that the defendant should consider the equity with the case of being tried simultaneously with special larceny, etc. for which the judgment has become final and conclusive.

However, the Defendant committed a crime similar to each of the instant crimes, such as special larceny, special larceny, attempted larceny, theft, theft, violation of the Road Traffic Act (unlicensed driving), and violation of the Road Traffic Act (unlicensed driving) at the Gwangju District Court. On August 14, 2013, the Defendant was sentenced to a suspended sentence of one year in the above court. However, even though the prosecutor appealed against it and had been continuously tried by the above court, the Defendant did not reflect upon being aware of the fact that the victims who committed sexual traffic with the minors were threatened with the victims to report sexual traffic to the police. In addition, the Defendant committed an injury to one of the victims by threatening, in combination with RR, entered commercial buildings and apartment houses 12 times or attempted to steal cash, etc., and committed a false act as if the buyers wanted to sell objects on the Internet bulletin or by deceiving them over two times, and committed the instant crime by deceiving them, the background leading up to the Defendant’s criminal act, including the Defendant’s property and property, and the Defendant’s personality and conduct.