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(영문) 울산지방법원 2017.05.12 2017노52
폭력행위등처벌에관한법률위반(공동공갈)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (defendant A and B: one year of imprisonment, and eight months of imprisonment) is too unreasonable.

2. Determination

A. We examine the judgment of Defendant A’s unfair argument of sentencing, and the Defendant reflects the Defendant’s mistake while committing the crime in depth, the lower court agreed with the victim smoothly, and the fact that the Defendant did not have the same criminal record is favorable to the Defendant.

On the other hand, the crime of this case is committed by threatening victims in a systematic and planned manner, and thus the nature of the crime and the circumstances of the crime are not good, the above defendant planned and executed the crime of this case with the defendant Eul, and appears to have acquired part of the proceeds of the crime of this case, and there are other circumstances unfavorable to the defendant, such as equity in punishment with the accomplice, the age of the defendant, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime of this case. In full view of all the sentencing conditions stated in the arguments of this case, the punishment of the court below is deemed to be within a reasonable and appropriate scope, and it cannot be deemed unfair.

B. We examine the judgment regarding Defendant B’s unfair argument of sentencing, the Defendant reflects the Defendant’s mistake while committing the crime in depth, the Defendant did not have any same criminal record, the crime of fraud, etc. for which each judgment, which has a relation of concurrent crimes after Article 37 of the Criminal Act, has become final and conclusive (Pronouncement: imprisonment with prison labor for three years and six months) and the crime of embezzlement (Pronouncement: imprisonment with prison labor for eight months), and the equity between the case where the judgment is rendered at the same time, and the fact that there is no criminal proceeds acquired by the Defendant,

On the other hand, the crime of this case is committed in a systematic and planned manner by threatening the victim to take money, and the nature of the crime and the crime are not good, and the above defendant planned and executed the crime of this case with the defendant A, and did not make any effort to recover from damage.

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