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(영문) 수원지방법원 2018.08.24 2018노2868
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Each sentence of the lower court against the Defendants on the grounds of appeal (one year of imprisonment for each of the defendants A, C, and six months of imprisonment for each of the defendants B, and D) is too unreasonable.

2. The lower court determined the Defendants’ punishment by comprehensively taking account of the favorable circumstances and unfavorable circumstances for the Defendants.

The circumstances asserted by the Defendants on the grounds of appeal (the confessions and reflects all the Defendants, the agreement with some victims in the case of Defendant A, the agreement with some victims in the case of Defendant B, and the efforts to recover damage is made in the case of Defendant C, the above Defendant C suffered from the disease such as salpulmatal typosis and cardiopulmonary disease, and the parents agreed with some victims without good health conditions. In the case of Defendant D, the affirmative solicitation of Defendant C was made in this case, and there was no past record of having been sentenced to punishment) are considered in the sentencing process of the lower court.

Even when considering the fact that the Defendants agreed with some victims in the lower court or the party trial, the victims of the instant assault committed by the Defendants are many, and the amount of damage is considerably high, Defendant A, C, and D are committed several times, Defendant A, and Defendant C committed each crime during the period of suspended execution of the instant assault in the case of Defendant A and B, Defendant C committed each crime during the period of repeated crime of the instant assault in the case of Defendant C, and the Defendants did not have reached an agreement, with a comprehensive consideration of the sentencing conditions, such as the Defendants’ character and conduct, environment, motive, means, and consequence of the crime committed at the lower court and the party deliberation, and the sentencing conditions, such as the character and conduct of the Defendants, environment, motive, means, and consequence of the crime, are considered as being excessive beyond the reasonable scope of discretion, and thus, it cannot be deemed unfair (the Defendant A agreed with the victims of partial attack together with Defendant B).

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