beta
(영문) 수원지방법원 2017.06.26 2017노2367

폭력행위등처벌에관한법률위반(공동공갈)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and ten months of imprisonment) is too unreasonable.

2. The judgment shows the attitude of the defendant's perception of his mistake and reflects against himself, and this case has more favorable circumstances such as the fact that it is necessary to consider equality with the case where the defendant is to be tried at the same time in relation to concurrent crimes after Article 37 of the Criminal Act with the crime of injury before and after the judgment of the court below, etc.

However, in light of the fact that the defendant committed a crime of repeated and planned attack against many unspecified victims together with accomplices, and committed a serious injury to some victims in the process, the nature of the crime is not less weak, and the defendant has received a decision to forward the case to the Juvenile Department several times due to violent crimes, etc., and did not agree with the victims.

In light of the above circumstances favorable to or unfavorable to the defendant and the degree of participation by the defendant, equity among the accomplices for whom punishment has become final and conclusive, circumstances leading to the crime of this case, circumstances after the crime of this case, the defendant's age, sexual conduct, environment, and other various sentencing conditions specified in the argument of this case, the sentence of the court below is too unreasonable, and thus, the above argument by the defendant is without merit.

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

참조조문