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(영문) 수원지방법원 2016.06.22 2016노1934

폭력행위등처벌에관한법률위반(공동공갈)

Text

All appeals by the Defendants are dismissed.

Reasons

1. The lower court’s punishment (one million won per fine) against the Defendants on the summary of the grounds of appeal is too unreasonable.

2. The Defendants recognized the instant crime and opposed to the determination, and there is no significant amount of criminal proceeds from the instant crime, and Defendant A agreed in the first instance only with the victim.

However, the crime of this case is not likely to be committed by putting the victim into a cafeteria and taking the victim a 1.50,000 won into a cafeteria, with the view that the crime of this case was committed in the manner that the cafeteria was loaded after eating food, and the victim was cleeped from a glass view in the food.

The Defendants committed the crime of this case even though they were sentenced to the suspension of the execution of imprisonment in the case of Defendant A due to the same crime, and the punishment of imprisonment in the case of Defendant B was completely imposed.

In addition, in full view of all the sentencing conditions, including the Defendants’ age, family relation, criminal record, sexual intercourse, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the sentence imposed by the court below against the Defendants is deemed appropriate and it is deemed unfair. Thus, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.