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(영문) 전주지방법원 2016.04.15 2015노1620
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendants (defendant A and B: one year and six months of imprisonment, and one year of imprisonment) is too unreasonable.

2. The Defendants’ acknowledgement of all of the instant crimes and reflection of the mistake, and the fact that there was no record of criminal punishment for the same crime prior to the instant crime, etc. are favorable to the Defendants.

On the other hand, the crime of this case is committed in a case in which the defendants planned to induce sexual contacts of the victims, and then the victim was committed by forceful indecent acts, etc., and therefore, the crime of this case is highly serious in light of the frequency of such crimes. The criminal justice function of the State is harmed, and the criminal justice function of the State is harmed, and it is necessary to strictly punish the defendant in danger of being punished. Part of the victims of this case were accused of actual conviction in the case in which the defendants filed a complaint; however, they did not agree with the victims or endeavor to recover from the victims; Defendant C committed the crime of this case during the period of repeated crime, which is disadvantageous to the defendants.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of the instant case, such as the background of the instant crime, the age of the Defendants, sexual conduct, environment, etc., the lower court’s punishment against the Defendants is too unreasonable, and thus, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is without merit. Thus, all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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