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(영문) 수원지방법원 2020.11.05 2020노4248
공갈등
Text

Defendant

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

Reasons

Summary of Grounds for Appeal

A. Defendant B’s imprisonment (two years of imprisonment for a maximum term and one year and six months of a short term) is too unreasonable.

B. The prosecutor (for Defendant A), the lower court’s imprisonment (two years of imprisonment) is too unhued and unreasonable.

2. It is recognized that Defendant B (hereinafter referred to as “Defendant B” only in this case) recognized the instant crime and reflects his mistake in depth when it was judged on the assertion of unfair sentencing on Defendant B’s assertion of unfair sentencing, and that there is no benefit of the Defendant compared to the amount of damage to the instant crime, and that the Defendant is a juvenile of 18 years of age at present and has no record of criminal punishment in Korea.

However, the crime of this case was committed by the defendant, who participated in the collection or delivery of the damage amount to the Bosing Criminal Organization, and received KRW 9,40,000 from Co-Defendant 2 and Co-Defendant 3, who is the liability for withdrawal of the damage amount, and returned it again to Defendant A, while being aware that it would be used for the crime in the process. In light of the method and content of the crime, it is extremely poor in the nature of the crime, and it cannot be deemed that the liability for the crime is less severe because the amount of the damage amount is not limited. Bosing Criminal is difficult to regulate because it is very difficult to recover the damage, and the social harm is very high, and thus, it is necessary to strictly punish them. Since there is a great need to take into account the need to take into account the need to take part in the crime mainly in the crime, and transfer or withdraw the damage amount of the Bosing Criminal through the domestic bank account, the role of the defendant and the employee who received the damage amount to the entire domestic government.

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