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(영문) 서울남부지방법원 2016.01.14 2015노1206

폭력행위등처벌에관한법률위반(공동협박)등

Text

The judgment below

Part concerning Defendant D, E, and F shall be reversed, respectively.

Defendant

D. Defendant E, in one and half years of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant D, F, G, and I’s each sentence sentenced by the court below to the above Defendants (Defendant D: a prison term of three years and two hundred hours of probation in one year and six months of imprisonment; a community service order of two years and two years of suspended execution in one year of imprisonment; Defendant G, and I: each fine of three million won in one year of suspended execution) are too unreasonable.

B. Defendant E 1) In fact, the above Defendant did not have committed the same crime as indicated in the facts charged against the victim AB, and did not take the front of the W Building, which was the scene of the crime, in relation to the crime of violation of the Punishment of Violence, etc. Act (joint coercion) on October 2014 among the facts charged against the victim AD, and only requested the victim AD to be deducted from the crime of violation of the Punishment of Violences, etc. Act (joint coercion) on January 17, 2015, and there was no threat against the victim AD.

Nevertheless, the court below convicted the whole of the facts charged by misunderstanding the facts.

2) The sentence sentenced by the court below to the above defendant (the sentence of imprisonment with prison labor for a year and six months, three years of probation, one hundred and twenty hours of community service order) is too unreasonable.

2. Determination

A. Following the judgment of the court below on Defendant G and I’s assertion, there is no change of circumstances that could be considered in sentencing after the judgment of the court below, and compared with the conditions of sentencing as shown in the records and arguments of this case and the reasons for sentencing of the court below judgment, even considering the circumstances alleged by the above Defendants on the grounds of appeal, each of the court below’s punishment cannot be deemed unfair because it is too unreasonable (Article 13718 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; Act No. 13719 of the Criminal Act was amended and enforced on the same day; however, even

Therefore, there is no reason for ex officio reversal). (b) B. B. B. prior to the judgment on the reasons for ex officio appeal against Defendant D, E, and F, the judgment of the court below was pronounced.