(영문) 대구지방법원 2018.10.26 2018노3114 | 리걸엔진

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(영문) 대구지방법원 2018.10.26 2018노3114

폭력행위등처벌에관한법률위반(공동공갈)등

Text

All appeals filed by the prosecutor against the Defendants and the appeals filed by the Defendants A and C are dismissed.

. The applicant.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the lower court to the Defendants (Defendant A: imprisonment of one and half years, additional collection, Defendant B: fine of two million won, Defendant C: fine of eight million won) is deemed to be too uneased and unreasonable.

B. Each sentence imposed by the lower court against the Defendants A and C is too unreasonable.

2. We also examine the judgment on the grounds for appeal and the unfair sentencing of the Defendants A and C.

Defendant

A has committed the instant crime several times for a relatively long period of time against the victims, and the nature of the instant crime is not very good in light of the method of the instant crime and the attitude of the commission of the commission of the act. Defendant C has been punished two times due to a violation of the Narcotics Control Act. Defendant C is not well-founded to commit the instant crime by failing to be aware of the period of repeated crime, and committing the instant crime against the victims unrelated to himself/herself at the side of Defendant A, etc.; the victims have not agreed with the victims, and victims want not to punish the Defendants; Defendant C tried not to take charge of the instant crime, but to recover the damage; Defendant C tried to have tried to commit the instant crime; Defendant C exceeded the reasonable bounds of sentencing by comprehensively taking into account the circumstances favorable to the Defendants, age, sex, family relations, economic circumstances, motive and consequence of the instant crime, as well as circumstances, and all of the following circumstances, the lower court’s determination of sentencing was made in excess of the reasonable and discretionary limits.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that each sentence imposed by the court below against the Defendants is too unfasible, or Defendant A and C.

참조조문

-마약류 관리에 관한 법률

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