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(영문) 대구지방법원 2016.12.09 2015노1557

폭력행위등처벌에관한법률위반(공동공갈)등

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All appeals by the Defendants are dismissed.

Reasons

1. According to the records of this case’s judgment on Defendant B’s appeal, Defendant B did not submit the statement of grounds for appeal within 20 days from the date of receipt of the notification of receipt of the trial records on November 15, 2016, even though Defendant B was served with the notification of the receipt of the trial records, and the petition of appeal does not state the grounds for appeal, and the judgment of the court below cannot be

2. Judgment on Defendant A’s appeal

A. The summary of the grounds for appeal (two years of imprisonment with prison labor for six months, two years of probation, and 80 hours of community service) declared by the court below is too unreasonable.

B. It is recognized that Defendant A led to the confession of all the crimes, and his mistake is divided, there is no history of punishment heavier than the fine, and all the victims agree with the victim.

However, in light of the form, method, frequency, etc. of each of the crimes of this case, the nature of the crime is very bad, the defendant A has a record of having received one time juvenile protective disposition for the same kind of crime, and the defendant A’s age, character and conduct, environment, motive, means, and consequence of each of the crimes of this case, and all of the sentencing conditions stated in the arguments of this case, such as the circumstances after the crime, are considered, it is not deemed that the sentence of the court below is too unreasonable.

Therefore, Defendant A’s assertion is without merit.

3. In conclusion, Defendant A’s appeal is without merit and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. Defendant B’s appeal shall be dismissed by decision pursuant to Article 361-4(1) of the Criminal Procedure Act. However, as long as Defendant A’s appeal is ruled as above, Defendant B’s appeal shall also be dismissed by decision en bloc. It is so decided as per Disposition.