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(영문) 대구지방법원 2017.04.21 2017노611
폭력행위등처벌에관한법률위반(공동강요)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of 10-month imprisonment sentenced by the lower court to the Defendants is too unreasonable.

2. The fact that the defendants recognized all the facts charged and mistakenly agreed with the defendants, but the defendants forced the victim to drink water, oil, and livers by threatening the victim living together in prison. The crime of this case is not very good in light of the circumstances of this case, behavior patterns, physical and mental suffering that the victim experienced. Defendant A has a history of being sentenced to multiple criminal punishment, including two times of punishment due to violent crimes, five times of fine, five times of punishment due to violent crimes, and Defendant B has a number of criminal offenses except two times of punishment due to violent crimes, two times of fine, and one time of fine, and there is no special change of circumstances to change the sentence of the court below after the sentence of the court below is sentenced, and all of the circumstances of punishment recorded in the records and arguments of this case including the age, sex, environment, family relations, etc. of the defendants are considered, and there is no reason to believe that the court below's punishment is too unfair. Thus, all of the defendants' arguments are without merit.

3. In conclusion, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure; however, each of the “Article 324(1) (the point of joint coercion)” of the judgment below is revised as “Article 324(1) (the point of joint coercion) of the Criminal Procedure Act,” and “Article 324(1) (the point of joint coercion) of the Criminal Procedure Act.”

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