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(영문) 울산지방법원 2013.11.29 2013노756
폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)등
Text

Defendant

All appeals filed against the Defendant A, B, C, and D by E and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of Defendant E, the sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

B. In light of the overall circumstances of this case, the Prosecutor (Defendant A, B, C, and D) sentenced by the lower court to the above Defendants (Defendant A: two years of suspended sentence; three years of suspended sentence; two years of suspended sentence in June of one year and six; two years of suspended sentence in June of one year and six; two years of suspended sentence in one year and six months; two years of suspended sentence in one year and six months, etc.) is deemed to be too unreasonable.

2. The crime of violation of the Punishment of Violences, etc. Act together with Defendant E and prosecutor’s assertion that Defendant A carried a dangerous object with Defendant D or B, or Defendant C, or E, and inflicted an injury on the victim by carrying them, and damaged property, and the crime was extremely poor in light of the form and method of the crime, and Defendant E has been punished several times due to a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.). On June 22, 2012, the crime of violation of the Military Service Act was sentenced to two years of imprisonment with prison labor for the suspension of the execution of eight months, and again committed the crimes of this case during the suspension of the execution of the sentence of eight months, and there is no other penal power except for the punishment force imposed once on Defendant C or D, and there is no other criminal power except for the punishment force on the victim and the victim. Considering that the Defendants were able to agree with the victim and the victim, and that there is an unreasonable and unfair judgment of the Defendants, including the following circumstances.

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