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(영문) 대전지방법원 천안지원 2015.09.21 2015고단720

폭력행위등처벌에관한법률위반(공동공갈)등

Text

Defendant

A, B, and C shall be punished by imprisonment with prison labor for one year and two months, and by imprisonment with prison labor for six months.

However, the defendant A, B, and C.

Reasons

(b) each protocol of the examination of police suspects against C or D;

1. A copy of each protocol concerning the examination of suspect with respect to AE or AD;

1. Application of Acts and subordinate statutes on police statements concerning BC and AZ;

1. Article applicable to criminal facts;

A. Article 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (joint conflict) and the choice of imprisonment with labor

B. Articles 6, 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, Article 350(1) of the Criminal Act (the attempted crime of joint attack) and the choice of imprisonment with prison labor

C. Articles 352 and 350(1) of the Criminal Act of Defendant A, and the choice of imprisonment

D. Defendant C’s Article 350(1) of the Criminal Code (a point of conflict) and choice of imprisonment

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act, each of the suspended sentence (the grounds for sentencing favorable to the defendant A, B, C, and the following)

1. Reasons for sentencing under Article 62-2 of the Criminal Act for each of the probation and community service order (defendant A, B, and C);

1. Defendants A, B, C, and common parts [Scope of Recommendation] of the first category (within 30 million won) and the basic area (within 6-1 year) of public conflict (within 6-1 year) (special mitigation) and where considerable damage has been recovered / Where they committed repeatedly or repeatedly against many and unspecified victims or multiple victims for a considerable period of time / Where they committed a crime repeatedly during a short period of time / multiple persons with multiple decisions on punishment; however, there are no records of punishment against the Defendants, and most of them were agreed upon with the victims and they were detained for a considerable period of time (see the attached Table of Agreement), and each of the other considered circumstances after committing the Defendants’ age personality and behavior, etc.

2. Defendant D [Limits of Recommendation] No basic area (6-1 year) (6-1 year) of the first category (6-1 year) of the public conflict (6-1 year) (limited to a decision of sentence) is minor, but the Defendant is currently sentenced to punishment by the court for the same kind of crime.