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(영문) 부산고등법원 (창원) 2018.07.25 2018노112
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Determination: (1) The Defendant’s attitude to recognize and reflect all of the instant crimes is the sentencing materials that are favorable to the Defendant, including: (2) the victims agreed to have agreed with the victims; (3) the Defendant voluntarily returned to the lower court after the escape; and (4) the fact that the Defendant was willing to apply for resumption of oral proceedings and receive punishment; and (2) the attempted crime is committed.

① However, there is a criminal history of more than ten times including the criminal records related to several violences. ② The crime of this case was committed by the Defendant without being aware of during the period of suspension of the execution of imprisonment, and ③ The Defendant’s leading act of violence by force under the command of the Defendant, and the search of the victims’ body while off his clothes, so that the victim F and N may feel fear of fear and shame, and again, the crime was not good, and ④ the Defendant escaped abroad for a period of more than four years from February 2, 2014 to four years, as concerns the cancellation of the suspension of the execution during the trial of the lower court.

In addition, comprehensively taking into account all the factors of sentencing, including the character and conduct of the defendant, motive and method of the crime, and circumstances after the crime, etc., the sentencing criteria applicable to the defendant, as stated in the judgment of the court below, are the relationship with which the sentencing criteria are not set at the time of the prosecution of the case, and 10 months or imprisonment with prison labor based on the crime of violation of the Punishment of Violences, etc. Act (joint conflict) at the time of the prosecution of the case.

It cannot be said that the sentence imposed by the court below is too unreasonable because the sentence imposed by the defendant is too large.

3. Thus, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act is not reasonable.

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