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(영문) 인천지방법원 2017.01.19 2016노2759
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendants (one year of imprisonment, two years of suspended execution, two years of probation, observation of protection, community service work, 120 hours of imprisonment, one year and two months of suspended execution, two years of suspended execution, two years of probation, observation of protection, community service work, 120 hours of imprisonment) is too uneasible and unfair.

2. The crime of this case is acknowledged that the defendants were provided with the helper and drinking in the singing practice place, and the defendants were exempted from paying the price by threatening them to use them. Defendant B was investigated by an investigation agency with respect to the crime of this case and used by forgery of the voluntary accompanying consent form and written statement in the name of punishment, and the crime is not good in light of the details and methods of the crime, and the defendants committed repeated crimes against multiple victims in a planned manner.

However, in full view of the following circumstances: (a) the Defendants led to the confession of all crimes and the mistake; (b) the Defendants attempted to reach an agreement with the victims by repaying damage at the original trial; and (c) the Defendants agreed to reach an agreement with all the victims except for one victim; (d) the Defendants have an opportunity to reflect by living in prison for about four months; (b) Defendant A was first criminal; and (c) Defendant B has no record of being sentenced to a fine exceeding the fine; and (d) the Defendants’ age, sex behavior, motive, means, and consequence of the instant crime; and (e) other circumstances that form the condition for sentencing, such as the following circumstances, the sentence of the lower court is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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