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(영문) 서울북부지방법원 2017.09.28 2017노1178
폭력행위등처벌에관한법률위반(공동공갈)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (ten months of imprisonment, three years of suspended execution, and four million won of fine) is too unreasonable.

B. The above sentence, which the court below decided against the defendant, is too unhued and unfair.

2. Under the judgment on the reasons for appeal, the sentencing of the Defendant and the Prosecutor together are examined.

Considering the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, sexual conduct, occupation, family relation, etc., such as the fact that the Defendant recognized the instant crime and agreed with the victims, etc., there are many criminal records favorable to the Defendant, which were punished for the same or different types of crimes, and that the Defendant continued to commit the instant crime without being aware of during the period of suspension of execution due to the same or different types of crimes, as well as other circumstances that form the conditions for sentencing indicated in the records, such as the motive and background leading up to the instant crime, the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, occupation, family relation, etc., the punishment imposed by the lower court cannot be deemed unfair because it is too heavy or un

3. As such, the appeal by the defendant and the prosecutor 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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