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(영문) 수원지방법원 2017.10.30 2016노4567
공갈등
Text

Defendant

B The appeal filed by the Prosecutor and the appeal filed by the Prosecutor are all dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below against Defendant B (the imprisonment of eight months, two years of probation, two years of probation, observation of protection, community service, 120 hours of alcohol addiction treatment, 40 hours of alcohol addiction treatment) is too unreasonable.

B. Each sentence (Defendant A: 10 months of imprisonment, 2 years of probation, 2 years of probation, observation of protection, community service 120 hours, 40 hours of alcohol addiction therapy, Defendant B: as above, Defendant C: imprisonment for six months of probation, one year of probation, one year of observation of protection, community service, 80 hours, 40 hours of alcohol addiction therapy, Defendant D: 2 million won) that the lower court sentenced the Defendants, is unreasonable.

2. Determination

A. In this case, the judgment on the unjust argument of sentencing by both parties against the defendant B is that the defendant B singing out the singing price or obtained it repeatedly, and the nature of the crime is not easy in light of the content and result of the crime, and there is a criminal conviction against the above defendant.

On the other hand, the defendant B showed the attitude of recognizing and opposing his mistake, and agreed with the victims.

Considering the above circumstances unfavorable or favorable to Defendant B, and the above age, sexual conduct, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence imposed by the court below against the above Defendant does not seem to be too heavy or unreasonable as it is within the proper scope of sentencing discretion.

Therefore, Defendant B and Prosecutor’s above assertion are without merit.

B. As to the prosecutor’s improper assertion of sentencing, this case’s determination on Defendant A, C, and D’s improper assertion of sentencing is that Defendant A commits a crime in light of the content and result of the crime, etc. of the following: (a) the instant case concerns the Defendant’s singinginging out of or threatening the business owner; (b) the Defendant C singing out or deceiving the singing out of the singinging out

In addition, the defendant A has been punished for multiple violent crimes, etc., and the defendant D.

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