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(영문) 광주지방법원 2013.07.12 2013노985
폭력행위등처벌에관한법률위반(공동공갈)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the court below (one year and six months of imprisonment for each of the defendants A, and one year and eight months of imprisonment for each of the defendants B) is too heavy when taking into account various circumstances against the defendants in the summary of the grounds for appeal.

2. The Defendants recognized all of the instant crimes and repented in depth, and agreed with the victims, etc. are favorable circumstances to the Defendants.

However, in light of the fact that the crime of this case was committed in a systematic and systematic manner by inducing the Defendants to have sexual intercourse with the minors, and then lending money to the minors, and the nature of the crime is not good in light of the means and method of the crime, the degree of damage amount, etc., the victims who were in difficult life at the Gay Shipbuilding Cooperative, were loaned KRW 10 million from the bank to raise the amount of money to the Defendants, and the amount of the loan remains at the expense of the victims, but there was no substantial recovery from damage up to the trial. Defendant B committed a repeated crime; Defendant A and C committed the crime of this case even though there was the history of punishment several times for the crime related to violence, and Defendant A and C committed the crime of this case, even though there was a history of punishment several times, and the Defendants were able to attract minors 17 years of age who did not undergo abortion surgery with the role of so-called "snick" in the crime of this case, it is inevitable to punish the Defendants with severe punishment.

In full view of these circumstances, comprehensively taking into account the Defendants’ age, character and conduct, family environment, etc. and all the sentencing conditions stipulated in Article 51 of the Criminal Act, the lower court’s punishment cannot be deemed to be too unreasonable. Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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