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(영문) 전주지방법원 2018.05.09 2017노1800
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals filed by prosecutors and Defendant A shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against the prosecutor’s Defendants (Defendant A: one year and two months of imprisonment, three years of suspended sentence, six months of imprisonment, and two years of suspended sentence) is too uneased and unreasonable.

B. Defendant A’s punishment is too unreasonable.

2. Determination

A. Based on the statutory penalty, the sentencing is determined within a reasonable and appropriate scope, taking into account the two factors that are the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on the statutory penalty. In addition, in light of the appellate court’s ex post facto heart nature, it is reasonable to respect the sentencing in a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion. Although the first instance judgment falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance on the sole ground that the difference between the appellate court’s opinion and the first instance judgment is different from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

As such, prosecutor and Defendant A’s assertion are without merit.

3. Conclusion.

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