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(영문) 서울북부지방법원 2017.03.10 2017노162
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals by the Defendants and by the Prosecutor against Defendant A are dismissed.

The law of the court below shall apply.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below is too unreasonable.

B. The Prosecutor (as to Defendant A)’s sentence pronounced by the lower court is too unhued and unreasonable.

2. There is no significant change in circumstances to consider the sentencing of the Defendants after the judgment of the court below.

In light of all the circumstances asserted by the Defendants and the prosecutor on the grounds of appeal, the lower court’s punishment is heavy or light, even if it is considered that the Defendants and the prosecutor’s assertion on the grounds of appeal are considered.

subsection (b) of this section.

3. According to the conclusion, both the Defendants’ appeal and the Prosecutor’s appeal against Defendant A cannot be accepted (Provided, That in the application of the laws and regulations of the lower judgment, it is evident that “1. The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Procedure Act,” was omitted in writing,” and thus, it should be added in accordance with Article 25(1) of the Regulation on Criminal Procedure, in the case of the application of the law of the lower court.

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