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(영문) 인천지방법원 2017.01.19 2016노4282
폭력행위등처벌에관한법률위반(공동강요)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The judgment is recognized that the defendant confessions all of the crimes and reflects the mistake, that the defendant has no criminal record for the same kind of crime, that the defendant's health condition and economic situation are not good.

However, the crime of this case was committed by the defendant in collusion with the above company's salesperson while serving as a sales force of a used vehicle dealer and caused the victims to enter into a false sales contract by assaulting or threatening the victims, and thus, the case was serious in light of the frequency of the crime, the number of victims and the amount of damage is relatively large, the defendant did not agree with the victims, the defendant committed the crime of this case without being able to do so during the period of repeated crime due to this type of crime, and other circumstances, such as the defendant's age, sexual conduct, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., it cannot be deemed unfair for the court below's punishment to be too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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