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(영문) 수원지방법원 2015.02.12 2015노86
폭력행위등처벌에관한법률위반(공동공갈)등
Text

Defendant

All appeals filed by A and C and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The prosecutor asserts that the sentence of the lower court against the Defendants ( ① Defendant A; Defendant B; Defendant B; Defendant B; Defendant B; Defendant B; Defendant B; Defendant 2; Defendant 160 hours of suspended execution; Defendant C; Defendant C; Defendant C; Defendant C; Defendant 8 months of suspended execution, 2 years of suspended execution, community service work, 120 hours; and confiscation) is too unfasible, and Defendant A and C are too unreasonable.

Judgment

The crime of this case was committed in collusion with the defendants to show the attitude of reporting articles about environmental issues, etc. using the identity of the reporters of the defendant A, and through several times during a short period of time, it has damaged the trust in the local media that should lead the formation of a sound public opinion in the local community by taking out or attempted the money from the victims under the pretext of advertising expenses, etc.

Defendant

A led each of the crimes of this case in the course of arrest to obstruct the performance of official duties by assaulting a police officer during the arrest process, and even if Defendant A was sentenced to a fine on April 28, 2014, the Defendants were committed each of the crimes of this case. Meanwhile, the Defendants were opposed to Defendant B, Defendant C did not have any previous charge, Defendant A deposited half of the amount of damage for the victim L,O, and U., Defendant B deposited one million won for the victimO; Defendant B deposited one million won for the victimO; the number of the crimes in which the Defendants participated and the degree of the participation; and other various matters provided for in Article 51 of the Criminal Act, which are conditions for sentencing, such as the age, character, conduct, environment, etc. of the Defendants indicated in the records and arguments, the punishment determined by the court below, shall be appropriate, too heavy, or unreasonable.

In conclusion, since the appeal by the defendant A and C and the appeal by the prosecutor are without merit, 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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