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(영문) 울산지방법원 2020.02.18 2019노1164

폭력행위등처벌에관한법률위반(공동공갈)등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one hundred months of imprisonment with prison labor for the crime of expulsion 1) is too unreasonable.

2. It is recognized that the judgment is based on the following: (a) the Defendant appears to have an attitude to recognize and reflect all of his/her own crimes; (b) the agreement with some victims or the recovery of damage is likely to have been made; and (c) the equity between the case and the case of a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (compacting with Persons with Disabilities

On the other hand, the crime of this case is committed by the defendant in a systematic manner by sharing roles with his accomplices, and the nature of the crime and the circumstances of the crime are extremely poor, and the amount of damage is considerably more than 12 million won in total. In particular, in the case of the crime of violation of the Punishment of Violences, etc. Act (joint conflict) the crime of this case is committed by using the students under the age of 12 million won in the same age who have no social experience, and has no social ability to distinguish from his own ability, thereby threatening his parents, and thus, the crime of this case is more serious, and it seems that some victims agree with or have not recovered from damage until now, and most of the victims have agreed with or have not been recovered from damage. In addition, even though there was a history of punishment several times for the same kind of crime, the crime of this case was committed during the period of suspension of execution, but there was a considerable possibility of criticism, the circumstances and circumstances of the crime of this case, as well as the circumstances surrounding the crime of this case, etc.