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(영문) 청주지방법원 2017.01.19 2016노1073
특수공갈등
Text

The judgment below

The part against the Defendants is reversed.

Defendants shall be punished by imprisonment for one year.

(2).

Reasons

1. The summary of the grounds for appeal is that each punishment of the lower court against the Defendants (one year of imprisonment with prison labor) is too unreasonable.

2. The Defendants’ unfavorable circumstances are as follows.

The Defendants conspired with the co-defendants of the lower court to detain the victims and to present their written correspondence as if they were organized violence, thereby taking money from the victims by threatening the victims.

In 2016, the Defendants were sentenced to imprisonment for four months and one year of probation (the Defendants committed a crime as accomplice). They committed each of the crimes in this case during the period of probation.

There has been a history of criminal punishment several times due to the crime of the same kind of crime, and juvenile protective disposition has been received several times.

However, the Defendants have the following favorable circumstances.

The Defendants committed each of the crimes of this case by living in prison for a considerable period of time.

Defendant

A appears to have caused each of the crimes of this case to be committed in order to avoid the victim's request for an agreement, on the ground that the victim's sexual assault committed sexual assault, and the defendant B seems to have been involved in the crime upon request of the defendant A who was known to the general public.

It seems that the extent of the physical force of the defendants used in the process of confinement is minor, and the victim seems to have been released in a safe place.

The amount of the money that the Defendants got out from the injured party is relatively small.

The Defendants agreed with the victim in the first instance, and the victim sought the measures against the Defendants.

Defendant

A is not good for the health of referring, and Defendant B is in a position to support her family, including her children.

In addition to the above circumstances, the records and arguments of this case, including the defendants' age, sex, career, environment, background and result of the crime, and circumstances after the crime, are revealed.

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