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(영문) 대구지방법원 2015.12.10 2015노142
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence of the lower court (one year of imprisonment, two years of suspended execution, two years of social service, two hundred hours of imprisonment, eight months of suspended execution, two years of suspended execution and one hundred and twenty hours of social service) is too unfied and unfair;

2. It is recognized that the Defendants committed an offense due to the Defendants’ failure to repay the borrowed money to the victim, etc., and that the Defendants did not agree with the victim.

In full view of the following circumstances: (a) the Defendants led to confession and reflects the facts charged; (b) the Defendants deposited KRW 10 million for the victim; (c) the Defendants did not have any history of punishment for the same kind of crime; and (d) the Defendants’ age, environment, occupation, family relationship; (b) the developments leading to the instant crime; and (c) the circumstances after the commission of the crime, etc., the sentence of the lower court is deemed unreasonable.

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.

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