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(영문) 수원지방법원 2020.01.20 2019노5975
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the following: (a) the confession and reflect of the Defendants in the summary of the grounds for appeal; (b) Defendant B acted in accordance with the instructions of Defendant A; (c) Defendant A did not have any history of punishment for the same kind of crime; and (d) Defendant B did not have any criminal power; (c) the Defendants ought to care for the children of the married couple; and (d) the Defendants endeavor to reach an agreement, etc., the sentence of the lower court (Defendant A: one year of imprisonment; and (e) seven million won of fine) 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.

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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