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(영문) 인천지방법원 2020.10.16 2020노1991
폭력행위등처벌에관한법률위반(공동공갈)
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for six months, Defendant B’s imprisonment for ten months, and Defendant C’s fine for 15,00.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced to the Defendants (e.g., Defendant A, Defendant C, and Defendant B: 1 year of imprisonment) is too unreasonable.

2. A large number of criminal records of violence committed by Defendant B who led the determination of the crime, Defendant A and B are subject to repeated crimes, Defendant C did not engage in the instant crime even during the suspended execution period, and Defendant C did not lead to the instant crime, etc. disadvantageous to the Defendants.

However, the Defendants showed the attitude of recognizing and opposing the instant crime; the Defendants did not seem to have committed the instant crime in a planned manner; rather, there were some contingent punishments; the Defendants were not more than KRW 5,10,000,000 from the victims; the Defendants paid a total of KRW 5,500,000 to the victims; the victims agreed with the victims by paying a total of KRW 5,50,000 to the victims; the victims wanted to take the Defendant’s preference from the lower court to the trial; Defendant A and C wanted to take into account the favorable circumstances, such as the degree of participation is relatively minor compared to Defendant B; and taking into comprehensive account various sentencing conditions in the instant records and arguments, such as the Defendants’ age, character and conduct, environment, and circumstances after the commission of the instant crime, the lower court’s punishment against the Defendants is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is judged again through pleading as follows.

【Discied Judgment】 The facts constituting a crime and the summary of evidence recognized by the court are the same as the entries in each corresponding column of the judgment below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A and B: Punishment of Violences, etc. Act.

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