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(영문) 전주지방법원 2016.06.17 2016노183
폭력행위등처벌에관한법률위반(공동공갈)
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 (the Defendants: KRW 3 million each of the fines) is too unreasonable.

2. The judgment of Defendant C does not have any history of criminal punishment before, and Defendant B does not have any history of criminal punishment or a fine heavier than that of the same kind of crime before, Defendant C does not have any history of criminal punishment or punishment heavier than that of the fine; the Defendants recognized the instant crime and reflects the mistake; the victims do not want the punishment of the Defendants; and the amount of damage caused by the instant crime is not a large amount of damage, which is advantageous to the Defendants.

On the other hand, the crime of this case is highly likely to be subject to punishment in that the defendants, working in a press organization, showing the same attitude that they should jointly report the contents of the article disadvantageous to the victim, and the crime of this case is not suitable for the nature of the crime as an advertisement fee, and the defendants abuse the status of journalist, which is committed against the executive officers of financial institutions in the local community, and the crime of this case is likely to collapse the social trust in the press, and it is necessary to strictly punish the defendants. The court below seems to have determined the amount of fine by fully considering the favorable circumstances of 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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