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(영문) 대전지방법원 2018.04.26 2017노3875
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The judgment of the court below is reversed.

All the Defendants shall be punished by imprisonment for eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendants to the punishment (one year of imprisonment with prison labor for each of the maximum and ten months) is too unreasonable.

2. The victims want to be punished for severe punishment against the Defendants, the Defendants also provided a warning to the victims during the investigation process, Defendant A taken and sent by Defendant B to Defendant G for secondary damages, and the need for strict liability to the perpetrator of the school violence is unfavorable to the Defendants.

However, in light of the fact that the Defendants were aware of each of the instant crimes and were under confinement for about seven months, and that Defendant A was under a single juvenile protective disposition, and Defendant B did not have any record of being subject to juvenile protective disposition. The Defendants did not have any record of being subject to juvenile protective disposition. The Defendants were in a state that only 14 years of age at the time of the instant crime was committed and social experience was less, and that the Defendants did not take the assault videos to the public or send them to their relatives, and that the Defendants did not transmit them to the public, the Defendants’ parents did not take the assault images to take the idea of spreading them to the public, education to prevent further recurrence, and all other sentencing conditions, the sentence of the lower court is unreasonable.

Recognized.

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

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and choice of punishment on the crime;

A. Defendant A: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and Article 2(2)3 of the Punishment of Violences, etc. Act, and Article 350 of the Criminal Act.

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