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(영문) 대전지방법원 2017.06.14 2017노768
공갈등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that each sentence of the court below (one year and six months of imprisonment) is too unhued and unfair.

2. The instant crime is so-called “singishing,” and there is a need to strictly punish the Defendants since the nature of the crime is very poor and has great social harm. The role of the Defendants’ withdrawal and transfer of cash is an essential role in the realization of the crimes of Bosing. Accordingly, it is not easy to arrest and punish the principal offender who led the crime in the hinterland. As such, the degree of the Defendants’ participation in the crime is somewhat weak.

The fact that it cannot be seen is an unfavorable circumstance.

However, the defendants recognized the crime of this case and against the fact that some of the victims did not want the punishment of the defendants, and the profits actually acquired by the defendants are large.

The defendants do not seem to have any record of punishment in the Republic of Korea, and there is no record of punishment in Korea.

In full view of the above circumstances and other circumstances, including the Defendants’ age, sex, environment, motive, means, and consequence, there is no special change of circumstances that may otherwise determine the sentence and the original court’s punishment, each of the lower court’s punishment is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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