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(영문) 대법원 2019.10.18 2019도10958

폭력행위등처벌에관한법률위반(공동공갈)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

It is merely the fact that the court can voluntarily reduce the punishment against a person who voluntarily surrenders under the Criminal Code, but the court below's failure to reduce the number of self-denunciation cannot be deemed illegal on the ground that the defendant voluntarily surrenders himself.

(2) In light of the following circumstances, the Defendant’s age intelligence and environment, motive means and consequence of the instant crime, etc., and circumstances that form the conditions for sentencing indicated in the record, such as the circumstances after the commission of the crime, etc., even if considering the circumstances asserted by the defense counsel, the amount of punishment of the lower court, which maintained the first instance judgment that sentenced the Defendant to eight months imprisonment, is extremely unfair.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.