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(영문) 인천지방법원 2014.12.19 2014노1730

폭력행위등처벌에관한법률위반(공동공갈)

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal: (b) the Defendant committed the instant crime; (c) the Defendant received a disposition to forward the instant case to the Juvenile Department 23 times; and (d) the Defendant committed the instant crime even three times of the same record, the lower court’s punishment (ten months of imprisonment, two years of suspended execution, and two years of probation) is unreasonable.

2. Taking into account the circumstances asserted by the judgment prosecutor, the degree of damage caused by the instant case is not significant, the Defendant is a juvenile of 18 years of age who is a juvenile of 18 years of age, and the Defendant is going against his mistake and is expected to live against his will without shaking even if his life is not wind in the future, and the Defendant was detained for two months of age as the instant case, and other circumstances, including the motive, circumstance, means and consequence of the instant crime, the circumstances after the instant crime, the Defendant’s age, environment, personality and conduct, and family relationship, are considered as being the conditions for sentencing as shown in the pleadings and arguments, and thus, it cannot be deemed that the sentence imposed by the court below is unreasonable.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.