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(영문) 광주지방법원 2020.11.26 2020노130
폭력행위등처벌에관한법률위반(공동강요)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal against the Defendants is that the lower court’s punishment (a fine of three million won per fine) is too unhued and unreasonable.

2. The Defendants’ act of infringing on the fundamental rights of the victim, such as having the victim waived their service by threatening the victim by threatening the Defendants to threaten the victim.

On the other hand, it is difficult to see that the form of coercion itself is very important in this case, and the degree of coercion has an implied and implicit aspect, Defendant A has no same criminal power in the case of Defendant A, Defendant B and C has long been guilty of violence, and all the Defendants have no specific criminal power in the past.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendants’ age, character and conduct, and environment, etc., as well as the various sentencing conditions indicated in the instant records and pleadings, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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