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(영문) 수원지방법원 2019.07.03 2019노2200
특수협박등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A makes confession and reflects, that Defendant A committed contingent crimes, Defendant A’s endeavor to agree, Defendant A’s home environment, etc., the lower court’s punishment (two months of imprisonment and ten months of imprisonment) is too unreasonable.

B. In light of Defendant B’s confession and reflect, the circumstances leading up to the instant crime, Defendant B’s endeavor to reach an agreement, and Defendant B’s economic situation, etc., the lower court’s punishment (fine of KRW 7 million) is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing against the Defendants is too unreasonable, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, the Defendants’ assertion of unreasonable sentencing is without merit.

3. In conclusion, all appeals by the Defendants are without merit, and all appeals are dismissed. It is so decided as per Disposition by the assent of all Justices.

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