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(영문) 의정부지방법원 2016.02.17 2015노2304
폭력행위등처벌에관한법률위반(공동공갈)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. The judgment that the defendant recognized the crime, committed against the victim, and the defendant's economic condition is not good, and that there was no record of punishment for other violent crimes after the defendant was sentenced to a fine due to violent crimes in 1998. However, the crime of this case was committed in collaboration with other accomplices even though there was no clear evidence that the victim had boomed with the victim, and thus, the victim was boomed with other accomplices.

In light of all the factors such as the motive and background of the crime, method and consequence of the crime, the circumstances after the crime, the defendant's environment, criminal records, equity with other accomplices, etc., where the court below's punishment is too unreasonable, considering the following factors: (a) the degree of participation in the crime is not easy; (b) the defendant did not agree with the victims; (c) the defendant was sentenced to suspended sentence due to the crime of opening gambling in 2007; and (d) the defendant was engaged in gambling and gambling again while taking into account all the sentencing conditions, such as the motive and circumstance of the crime; (d) the method and consequence of the crime; (e) the situation after the crime was committed; (e) the defendant's environment; (e) the defendant's criminal records; and (e) the balance with other accomplices.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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