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(영문) 인천지방법원 2018.07.05 2018노331
특수협박등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable because the following sentencing, which the court below decided against the Defendants, is too unreasonable.

Defendant

A: Imprisonment with prison labor for 10 months, suspended execution for two years, community service 120 hours, Defendant B: Imprisonment for 8 months and suspended execution for 2 years;

2. All the Defendants, who recognized the instant crime, are against all the Defendants, and the fact that the said victim was in agreement with the victim H, that the said victim would be in the preference of the Defendants is favorable.

However, the crime of this case was committed by threatening or assaulting another customer and the owner of the business in a restaurant, which is very poor in the nature of the crime, Defendant A did not agree with the victim of special intimidation and had the record of punishing the crime of assault, and all of the Defendants did not have any new circumstances to be considered in sentencing after the decision of the court below. In full view of all the sentencing conditions shown in the arguments, including the defendants' age, sex, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable, and the community service order for 120 hours imposed by Defendant A is also appropriate.

Therefore, each of the defendants' arguments about sentencing are without merit.

3. In conclusion, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (as to the costs of lawsuit, the proviso of Article 186(1) of the Criminal Procedure Act shall apply).

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