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(영문) 수원지방법원 2013.12.12 2013노3200
폭력행위등처벌에관한법률위반(공동공갈)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds of appeal asserts that the sentence of the court below (the defendant A: three years of the suspended sentence of one year and six months of imprisonment; 120 hours of the community service order; confiscation; 2 years of the suspended sentence of one year; 120 hours of the community service order) is too unreasonable.

2. In light of the following: (a) the Defendants recognized their mistake and against it; (b) the Defendants did not have any history of criminal punishment; and (c) the Defendants, by setting up a plan for the crime of this case and providing funds for the provision of sponsor or sponsorphones that are used for the crime of this case; (d) the Defendants and D were involved in the crime; (b) the motive or background leading up to the crime of this case; (c) the circumstances after the commission of the crime; (d) the occurrence of the crime; and (d) the relationship between D and G, etc., the Defendants do not seem to have an intention to actually harm G; and (d) the victims do not want the punishment against the Defendants (Evidence 613) are favorable to the Defendants.

(On the other hand, D, which led to the above crime, was not prosecuted and sent as a home protection case. Since the Defendants asserted it in favor of them, it is nothing more than the result that D is subject to Articles 354 and 328 of the Criminal Act as a lineal blood relative of the victim, and therefore it is difficult to consider these circumstances favorable to the Defendants who do not have such status. However, the circumstances favorable to the above Defendants are all considered in the original judgment. The Defendants and D attempted to gather money from the victim who was the mother of the crime of this case, which is about 26 months after the birth, and to raise money from the victim of the crime of this case, which is about 200 million won after the birth, to the extent that they were arrested. This is not only an organizational planned crime, but also a matter is not easy, but also the possibility of criticism, and is also disadvantageous to the Defendants.

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