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(영문) 수원지방법원 2015.05.21 2015노1738
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All of the Prosecutor and the Defendants’ appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor - The sentence imposed by the court below against Defendant A (the sentence Nos. 1, 3, and 4 in the board: imprisonment with prison labor for one year, and the sentence No. 2-A: imprisonment with prison labor for 4 months and the suspended sentence for two years) is too unfasible and unfair.

B. The punishment of the Defendants against Defendant A and the punishment of Defendant B (two months of imprisonment, two years of suspended execution, and 80 hours of community service order) are too unreasonable.

2. The judgment of Defendant B does not have the record of punishment for the same kind of crime, the victim F does not want the punishment for Defendant A, the defendant A must take into account equity with the expected sentence in the event that the defendant A was punished together with the attempted crime of this case and the crime of obstruction of performance of official duties for which the judgment became final and conclusive. The fact that the defendants divided the defendants' mistakes and deposited them as compensation for damages for victims, and that the victim F, I, and R did not excessive amount of damage.

Meanwhile, even before committing the instant crime, Defendant A was punished several times by a fine for a crime similar to the instant crime, such as bullying of a person nearby the instant crime, and even when having been punished by the suspension of performance of official duties, etc. on or around 2012, Defendant B committed the instant crime during the suspension of execution, despite being punished by the suspension of execution due to the obstruction of performance of official duties, etc., Defendant B committed the instant crime. Defendant A had the record of being sentenced to the suspension of execution due to other crimes; Defendant A’s abduction of neighboring residents under the influence of alcohol without any special reason; Defendant A attempted to conceal the victim M without the victim, and to conceal his/her own crime despite being injured by the victim M; the Defendants had no legitimate right to receive money; and the Defendants had a very poor nature of such crime, such as repeated interference with other persons’ duties, etc.

These factors of sentencing and the age, environment, etc. of the Defendants.

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