(영문) 대구지방법원 2018.10.18 2018노2739 | 리걸엔진

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(영문) 대구지방법원 2018.10.18 2018노2739

폭력행위등처벌에관한법률위반(공동공갈)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (3 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The lower court rendered the above sentence, taking into account the following circumstances: (a) the Defendant jointly committed a crime planned by the Defendant, and considering the fact that the nature of the crime is not against the disadvantage of the Defendant; (b) the Defendant recognized and against the Defendant’s mistake; (c) the victim agreed with the victim; (d) the victim did not have to punish the Defendant; and (c) the lower court rendered a decision to transfer the first case to the Juvenile Department of the Court by Daegu, Daegu, but the lower court decided to transfer the case to the Juvenile Department of the Court; (d) when the age of the Defendant was over under the Juvenile Act, the case was transferred to the Court again; and (e) the case of the Defendants other than the Defendant was decided to transfer to the Juvenile Department by Daegu to the Court of Court.

In full view of the fact that there is no change of circumstances in the lower court’s sentencing in addition to the unfavorable circumstances considering the lower court’s consideration, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, background leading to the commission of the crime, means and consequence, circumstances after the commission of the crime, etc., it cannot be deemed that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion or maintaining them as it is is unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, each of the grounds for unfair sentencing by the Defendant and the prosecutor are without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

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