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(영문) 춘천지방법원 강릉지원 2015.10.15 2015노412
폭력행위등처벌에관한법률위반(공동공갈)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment of 1 year and 6 months, 3 years of probation, 120 hours of community service, 1 year and 20 hours of probation, 3 years of probation, 1 year and 120 hours of community service) of the lower court is too unreasonable;

2. The Defendants recognized and reflected each of the instant crimes, the Defendants did not have any record of punishment for the same kind of crime or sentence, and Defendant A agreed with some victims in the first instance trial. In the first instance trial, the Defendants agreed with seven victims that they did not want to punish the Defendants.

However, in full view of the following facts: (a) the Defendants were extremely poor in the number of crimes in this case; (b) the Defendants committed the instant crime against many victims for a period of up to one year; and (c) the Defendants’ age, character and conduct, environment, motive, circumstances, means, and consequence of the instant crime; and (d) the various sentencing conditions indicated in the instant case, such as the circumstances before and after the instant crime, may not be deemed unreasonable merely because the lower court’s punishment is excessively unreasonable,

Therefore, the Defendants’ assertion is without merit.

3. As such, the Defendants’ appeal is without merit. Thus, all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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