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(영문) 대구지방법원 2019.02.21 2018노4500

폭력행위등처벌에관한법률위반(공동공갈)등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentencing of the court below (the sentencing of the defendant A: imprisonment of three and half years; order to complete a sexual assault treatment program; 40 hours; imprisonment of one year and eight months) is too unreasonable.

2. The Defendants jointly committed an offense, such as taking money by threatening the victim C through the attacking of the victim C, and committing a crime by causing injury to the said victim and committing confinement, etc., and the said victim wanted to punish the said Defendants.

Defendant

A has been punished for the same kind of crime, such as robbery, injury, violation of the Punishment of Violences, etc. Act (joint attack), and has committed each of the crimes in this case during the suspension period of the execution of imprisonment with prison labor.

Defendant

B has been punished for the violation of the Electronic Financial Transactions Act, which is the same crime.

In full view of the various circumstances, including the aforementioned circumstances, including the Defendants’ age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and the fact that there are no special circumstances or changes in circumstances to the sentencing of the lower court after the crime, the lower court’s sentencing is not unfair.

3. The Defendants’ appeal is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.