(영문) 대전지방법원 2019.02.12 2018노3439 | 리걸엔진

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(영문) 대전지방법원 2019.02.12 2018노3439

폭력행위등처벌에관한법률위반(공동공갈)등

Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the lower court on the Defendants (two and half years, six months, and one year, respectively) is too unreasonable.

2. Determination

A. As to the sentencing of the Defendants A and B, the lower court appears to have determined the sentence by fully considering the circumstances favorable to the Defendants, including the following: (a) the Defendants shared and carried out the instant attack under a pre-populated plan; (b) the Defendants committed the instant attack; (c) the Defendants committed each of the instant crimes during the repeated crime period; and (d) the Defendants already committed multiple criminal offenses; (b) the Defendants agreed with the victims of the instant robbery; (c) Defendant A agreed with Qu among the victims of the instant larceny; and (d) the victim S returned damaged goods; and (c) it appears to have determined the sentence by fully considering the circumstances favorable to the Defendants, such as the circumstances alleged in the grounds for appeal by the Defendants.

B. Defendant C conspired with other Defendants in advance to commit the instant crime, and in particular, the Defendant served as an essential role in the instant crime, such as having sexual intercourse with the victim harshly and directly, and the Defendant has a criminal record of 10 times, which is disadvantageous to the Defendant.

However, unlike other Defendants, the Defendant does not plan the crime of intimidation from the beginning, and intimidation of the Defendant and the victim’s sexual intercourses is not actively implemented by other Defendants rather than the Defendant, the Defendant agreed with the victim of the crime of intimidation in this case, the Defendant did not have any record of having been sentenced to the same criminal record and sentence, and the family relation to the Defendant appears to have been humped so that the Defendant can lead a normal social life, and the Defendant’s age, character, behavior, and other circumstances.

유사 판례

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