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(영문) 부산지방법원 2016.07.22 2016노1646
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the lower court on the Defendants (one year and six months of imprisonment, three years of suspended execution, one year of imprisonment, and two years of suspended execution) is too unfasible.

2. Determination

A. The crime of this case committed by Defendant A is very poor in the nature of the crime, in light of the fact that Defendant A had a record of receiving juvenile protective disposition in a similar case, by inducing a victim with a physical disability 3, to establish a sexual intercourse with a female who is an accomplice, and by borrowing the agreement with the accomplice, and Defendant A has a record of receiving juvenile protective disposition.

However, it is necessary to respect the judgment of the court below because there is no change in the conditions of sentencing compared with the court below because new sentencing data have not been submitted at the court below. The defendant reflects the crime of this case, the defendant has reached an agreement with the victim at the investigation stage, the defendant's ability to receive juvenile protective disposition in a similar case, but it seems that he had the awareness of this case as to the crime of this case, despite the fact that the crime of this case was committed in a similar case, there is a lot of room for improvement in the age, and in full view of all other circumstances that are the conditions of sentencing as shown in the records and arguments of this case, including the circumstances and result after the crime of this case, the circumstances after the crime of this case, the character and conduct of the defendant, the environment and age of the defendant, etc.

B. In light of the fact that the crime of this case committed by Defendant B is very poor in the nature of the crime, the crime of this case was committed by inducing the victim with a physical disability 3 and establishing a sexual relationship with the female who is the accomplice, and borrowing the agreement with the accomplice, it is necessary to punish Defendant B.

However, it is necessary to respect the judgment of the court below as there is no change in the sentencing conditions compared to the court below because new sentencing data are not submitted at the court below. The defendant reflects the crime of this case in depth, agreed with the victim at the investigation stage, and the investigation was conducted.

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