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(영문) 수원지방법원 2014.06.26 2014노72
폭력행위등처벌에관한법률위반(공동재물손괴등)교사등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (one year of imprisonment, three years of suspended execution, and two years of probation) is deemed to be too uneasy and unfair.

However, each of the crimes of this case is that the Defendant, a member of the regional violence group, jointly interfered with the business of the victim C by causing the members of the group to jointly damage the victim’s business, and 230,000 won of the market price owned by C, and the victim P, who operates the sidewalk, would not be able to report to the police and engage in news reporting business unless he/she gives money and valuables to the victim P, or would not engage in the news reporting business, or would have a steering staff to interfere with the news reporting business. In light of the content, motive, danger, etc. of the crime, the crime is not good in light of the content, motive, danger, etc. of the crime, and the Defendant can be punished by the violation of the Punishment of Violences, etc. Act, and is disadvantageous to the Defendant

However, considering the fact that the victims’ damages caused by each of the instant crimes are relatively minor, that the Defendant agreed with the victims, that the victims expressed their intent that they would not want to punish the Defendant, that the Defendant has the time of self-esteem while living in custody for two months in the instant case, that the Defendant recognized the mistakes, and that it reflects all other circumstances that are the conditions for sentencing specified in the instant case, the lower court’s sentencing is too unjustifiable and unreasonable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, it is clear that the application of the laws and regulations of the court below was omitted, and therefore, the "Article 37 (1) 2 and Article 50 of the Criminal Act among concurrent crimes" is added between the second and third concurrent crimes in accordance with the first sentence of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Procedure Act, and the ex officio correction is made in accordance with Article 25 (1) of the Rules on Criminal Procedure

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