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(영문) 의정부지방법원 2016.02.05 2015노2734
폭력행위등처벌에관한법률위반(공동공갈)
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 1 million.

Reasons

1. The gist of the grounds for appeal is that each sentence of the lower court (a fine of KRW 5 million is imposed on Defendant A, and a fine of KRW 2 million is imposed on Defendant B) is unreasonable.

2. In light of the content and method of the crime, the crime of the joint attack of this case committed by the Defendants is not less than strue in light of the nature of the crime. Defendant A was punished three times for violent crimes and had the record of having been sentenced to two times the suspension of indictment. Defendant B had the record of having been sentenced to the suspension of indictment due to the crime of a different species in around 2012, and the fact that the complete recovery of damage has not been made up until now, and there are unfavorable circumstances against the Defendants.

However, the defendants led to the confession of the facts of the crime of this case, return 50,000 won in cash equivalent to the amount of damage to victim G prior to the prosecution, there are dependentss of the defendants, and economic circumstances do not continue to proceed with the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the judicial process of the criminal process of this case. Also, the defendant B was only one time before he was sentenced to a fine for the criminal process of this case in the same and similar cases.

3. Accordingly, 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.

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