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(영문) 전주지방법원 2016.04.08 2015노1467
폭력행위등처벌에관한법률위반(공동공갈)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of eight months and the suspension of execution of two years) is deemed to be too uneasy and unfair.

2. The crime of this case committed by the Defendant, in collusion with his accomplices, was committed by attracting a large number of victims under the conditions alone, and then, it is not good that the Defendant committed the crime of this case as an attempted crime, or attempted to commit the crime of this case. The Defendant had already received juvenile protective disposition several times, and the Defendant committed the crime of this case during the period of temporary release from the juvenile reformatory, which is disadvantageous to the Defendant.

On the other hand, the fact that the defendant has no record of criminal punishment other than juvenile protective disposition, the fact that all of the crimes of this case are properly recognized and contradictory to depth, the defendant does not seem to have led the crime of this case, the mother of the defendant shows his intention to admonish and protect the defendant, and the victims who want to remain with minors and conditions are also responsible for the occurrence of the crime or the expansion of damage, etc. in favor of the defendant.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the 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 as it is without merit. It is so decided as per Disposition.

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