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(영문) 수원지방법원 2019.01.17 2018노5253
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (one year and six months of imprisonment, and 2.5 million won of collection) is too unreasonable.

Judgment

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The instant case did not change any particular sentencing condition compared to the lower court, and the circumstances alleged by the Defendant on the grounds of unfair sentencing appear to have been considered by the lower court when determining the Defendant’s punishment. In full view of various circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, criminal records, etc., the lower court’s sentencing against the Defendant is too unreasonable beyond the reasonable scope of discretion.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

(Article 25 (1) of the Rules of Criminal Procedure, the court below shall correct "Article 109 (1) of the Attorney-at-Law" in the column of application of the law of the court below to "Article 109 (1) of the Attorney-at-Law

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