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(영문) 서울중앙지방법원 2013.06.14 2013노1328
폭력행위등처벌에관한법률위반(공동공갈)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant reflects his mistake, that he participated in the contingent crime upon C’s request, that the degree of participation is insignificant compared to C, and that he endeavored to resolve the decentralization between C and the victim, the punishment of the lower court is too unreasonable (eight months of imprisonment).

B. In light of the fact that the prosecutor defendant committed the instant crime during the period of repeated crime even though he/she had been punished by participating in the violence case as a result of organized violence, the lower court’s punishment is too uneasible and unreasonable.

2. The judgment of the court below committed the crime of this case during the period of repeated crime due to the same crime, the victim appears to have suffered considerable injury in this case, the defendant's participation in this case cannot be deemed to be more severe than C. It cannot be viewed that C does not take into account the content of the punishment (one year of imprisonment with prison labor, two years of suspended execution, one community service order 160 hours) and equity, the victim did not want the punishment against the defendant on the ground that the victim was damaged, and all other sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and behavior, environment, criminal background, circumstances after the crime, etc., are considered to be appropriate, and it cannot be deemed that the sentence of the court below is too heavy or unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided

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