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(영문) 서울동부지방법원 2017.04.13 2016노2151

폭력행위등처벌에관한법률위반(공동공갈)

Text

Defendant

B All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s punishment (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence against the Defendants (one hundred months of imprisonment) is too unhued and unreasonable.

2. The nature of the crime of this case where the Defendants committed an indecent act as if they were sexually committed, and the victim demanded the victim to reach an agreement and attempted to do so, and the victim was punished against the Defendants. The Defendants had been punished for the same kind of crime, and Defendant B committed the crime of this case during the period of repeated crime, so strict punishment against the Defendants is required.

However, considering the fact that the Defendants were committed in the course of committing the instant crime, the Defendants committed the instant crime, and the amount of the agreement requested by the Defendants was not much much, and all of the sentencing conditions stated in the instant pleadings, including the age, sex, environment, etc. of the Defendants, the sentence against the Defendants cannot be deemed too exceptionally or unreasonable.

3. Accordingly, the appeal by Defendant B and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by Defendant B and the prosecutor is without merit. It is so decided as per Disposition.