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(영문) 대구지방법원 2018.02.09 2017노4744

폭력행위등처벌에관한법률위반(공동공갈)등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and three months and fine of two million won, and Defendant B and C shall be punished, respectively.

Reasons

1. Summary of grounds for appeal;

A. Each sentence that the court below sentenced the Defendants to the Defendants (Defendant A: imprisonment of one and half years and fine of three million won, Defendant B, and C: imprisonment of one year and two years of suspended execution, Defendant D, and E: imprisonment of eight months, suspended execution of two years, and fine of two million won) are too unreasonable.

B. The above sentence, which the court below decided against the Defendants, is too unfasible and unfair.

2. We examine the defendants and the prosecutor's unfair argument about the sentencing of the crime of this case together with the defendants and the prosecutor's unfair argument about the sentencing of the crime of this case. The defendants appear to have attempted to manipulate or damage evidence by comparing the statements of themselves and the witness from the investigation process of this case to the court below, and there are records of punishment of fines due to gambling crimes. However, even though the defendants are found to have the criminal records of punishment of fines due to gambling crimes, they are recognized and against all of the crimes of this case. After the decision of the court below, the defendants agreed with the victims and they do not want punishment of the defendants. The defendants Eul did not want punishment of gambling crimes. The defendants Eul did not have the criminal records of gambling crimes. The defendants Eul had no criminal records of punishment due to gambling crimes of this case. The defendants Gap's life under detention of this case for more than three months, and the defendants' age, sex, criminal behavior, environment, degree of participation in crimes, and circumstances after the crime of this case and the arguments of this case are without merit.

3. As such, the Defendants’ appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading (as long as the judgment of the court below is accepted by the Defendants and the judgment of the court below is reversed, the prosecutor’s appeal shall not be dismissed separately).