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(영문) 인천지방법원 2014.09.18 2014노1269
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the prosecutor too unfased and unjust with respect to the punishment (one year of imprisonment and two years of suspended execution) declared by the court below against the defendant, and the defendant asserts that it is too unreasonable.

2. On the grounds for appeal by the prosecutor and the defendant, the following circumstances are favorable: (a) the nature of the crime of this case is not good; and (b) the amount is not much sufficient; (c) there is no previous difference between the defendant and the defendant; (d) there are some circumstances to consider the circumstances leading to the crime of this case; and (e) some of the amount of money that the defendant had taken out was paid to other heavy equipment engineers.

The lower court’s sentencing is deemed appropriate in full view of all such factors as the Defendant’s age, character and conduct, environment, circumstances, and circumstances after the commission of the crime, and it does not seem that the lower court’s sentencing is too weak or unreasonable.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal by the prosecutor and the defendant are without merit.

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