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(영문) 서울중앙지방법원 2016.11.11 2016노2800
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. As to each type of punishment sentenced by the first instance court (for defendant A: one year and two months of imprisonment, two years of suspended sentence for one year of imprisonment, two years of community service work, 120 hours of imprisonment), the Defendants assert that the above sentence is too unreasonable, and the prosecutor considers that the above sentence is too uneasible and unfair.

2. In the instant case where there is no change in the sentencing conditions that may be specifically taken into account to the Defendants when the appellate court rendered a judgment, taking into account the various circumstances, including the Defendants’ age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, it is difficult to deem that each of the punishments imposed by the first instance court is too heavy or unreasonable because it goes beyond the scope of the sentencing discretion.

Therefore, the Defendants and the prosecutor’s argument of unfair sentencing is rejected.

3. Conclusion, pursuant to Article 364(4) of the Criminal Procedure Act, all appeals filed by the Defendants and the prosecutor are dismissed.

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