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(영문) 부산지방법원 2014.07.18 2014노1087
폭력행위등처벌에관한법률위반(공동협박)등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor for one year, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (Defendant A: a fine of five million won, Defendant B: a fine of four million won) declared by the lower court to the Defendants is too uneasible and unreasonable.

B. The punishment sentenced by the court below to Defendant A (five million won of fine) is too unreasonable.

2. In the judgment of the court below, when the defendants denied some of the crimes (whether the defendant B participated in the crime of joint intimidation) and they were judged to be guilty, it is recognized that all of the crimes of this case were led to confessions and their mistakes, G, the victim of the crime of joint intimidation of this case, withdrawn the complaint against the defendants, and agreed with the defendant A, and expressed the defendant's prior intent to take the action against the defendants, I, the victim of the crime of the bodily injury of this case, agreed with the defendant A, and expressed the victim's prior intent to take the action against the above defendant, and the degree of injury suffered by the victim I is relatively minor.

However, in collaboration with Co-Defendant C of the lower judgment, the Defendants threatened a female victim who is relatively weak, and, in particular, Defendant A was convicted of having been sentenced to a fine of 6 million won without being registered with the competent authority as to the crime of violating the Employment Security Act in around 2004 without being registered with fee-charging job placement service as to the crime of violation of the Employment Security Act, even though there was a history of being convicted of having been sentenced to a fine of 6 million won for the same kind of crime without being aware of the fact that Defendant B had operated a "press report" with the trade name of "M" for about 2 years without being able to protect their own rights in light of the content of intimidation and the circumstances before and after the victim I.

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