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(영문) 인천지방법원 2019.01.25 2018노3718
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (one year and two months of imprisonment) is too unreasonable.

2. Although the Defendant recognized the instant crime, the Defendant agreed with the public victim, the Defendant was subject to criminal punishment for the same kind of crime with the juvenile protective disposition, even though he/she was subject to criminal punishment several times during the period of repeated crime, the nature of the instant crime is poor by taking the lead in the instant crime of attack, and there is no change in special circumstances or circumstances that may be newly considered in sentencing after the sentence of the lower judgment.

In addition, given that the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and other circumstances that form the conditions of sentencing as shown in the instant records and pleadings, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed. It is so decided as per Disposition.

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