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(영문) 인천지방법원 2016.06.03 2015노749 (1)
폭력행위등처벌에관한법률위반(공동공갈)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not threaten the victims, and did not intend to pay the alcohol value, the judgment of the court below which found the Defendant guilty of each charge is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (the penalty amounting to KRW 3.5 million) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant conspireds to make victims waive their demand of alcohol value, etc. as stated in the judgment of the court below, thereby obtaining economic benefits equivalent to that amount, but it can be sufficiently recognized as attempted. Thus, the above assertion by the defendant is without merit.

B. Sentencing unfair sentencing is unfair and agreed with the victim K, and there is a favorable condition for the defendant, such as the fact that each of the crimes of this case was committed against the defendant. However, the defendant's active participation, such as avoiding each of the crimes of this case, leading each of the crimes of this case, etc., and the defendant's age, sexual conduct, environment, background, means and consequence of the crime, degree of participation in the crime, equity in punishment among accomplices, and circumstances after the crime, etc. are considered, and thus, it is not recognized that the defendant's punishment imposed by the court below is unfair.

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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