(영문) 수원지방법원 2017.03.29 2016노9048 | 리걸엔진

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(영문) 수원지방법원 2017.03.29 2016노9048

폭력행위등처벌에관한법률위반(공동공갈)등

Text

Defendant

All appeals filed by B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s punishment (a three-year imprisonment, confiscation) is too unreasonable.

B. The lower court’s sentence against Defendant A of the Prosecutor (two years of probation, two years of probation, observation of protection, and 120 hours of community service in one year) is deemed to be too uneasible and unfair.

2. Determination

A. As to the prosecutor’s assertion, the Defendant: (a) inducedd the victims of a minor and threatened him/her in a planned manner; and (b) ordered him/her to withdraw money and valuables.

In addition, even though the degree of damage to the crime of injury committed by the defendant is serious, it was not agreed with the victim.

However, in full view of the following: (a) the crime of extortion is committed against attempted crimes; (b) the crime of injury is deemed to have been committed contingent; (c) there is no record other than the records of juvenile protective disposition; and (d) the Defendant is closely against the crime of this case; and (c) other various sentencing conditions as shown in the argument of this case, including the background of the crime of this case; (d) the circumstances after the crime of this case; (e) the Defendant’s age; and (e) the Defendant’s sexual conduct and environment, etc.

B. As to the Defendant’s assertion, the Defendant: (a) threatened a minor victim to the withdrawal of money and valuables; (b) assaulted the victim without any particular reason; (c) inflicted an injury on the victims by fighting a group of members of a violent crime group; and (d) inflicted an injury on the victims; and (c) the nature of the crime is not good; and (d) assaulted or injured the victims by using a dangerous object; and (c) there is a very high risk of committing a crime, such as assaulting or injuring the victims by using a dangerous object.

However, the defendant agreed with some victims, and the depth of each of the crimes of this case is against the victim, the fact that there is no particular record of crime except the records of juvenile protective disposition, and the defendant's age, sex, environment, family relationship, motive and circumstance of the crime.

유사 판례

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