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(영문) 서울서부지방법원 2016.06.23 2016노176
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is deemed to be too untile and unfair.

2. The lower court appears to have determined the sentence, taking into account all the following circumstances, and there is no change in circumstances in the first instance.

In addition, in consideration of various sentencing conditions shown in the records and arguments, such as the background and means of the crime, the circumstances after the crime, the defendant's career, sexual conduct, environment, etc., the sentence of the court below cannot be deemed unfair because it is too unfeasible.

Considering the contents and attitudes of each of the crimes in this case, the quality of the crimes is not very good.

However, among the victims of the injury, the defendant has reached an agreement with the victim D and J, the victims and I do not want to be punished against the defendant, and the degree of injury of the victims of the other injury not agreed.

The amount of fraud caused by the fraud of this case is not so big, and the defendant has compensated the damage of AB, AD, AF, AG, and AH among the victims of fraud, and the defendant seems to have returned Obado, which is the damage of the attack of this case.

The defendant is agely a young juvenile who has violated his/her wrongness in depth.

It is necessary to consider equity in cases where a judgment has been rendered simultaneously with a final and conclusive judgment.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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