(영문) 대구지방법원 2018.01.10 2016노4271 | 리걸엔진

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자간(%)

(영문) 대구지방법원 2018.01.10 2016노4271

공갈미수방조

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All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence (Defendant A: 6 months of imprisonment, 2 years of suspended sentence, 2 years of imprisonment, 2 million won of fine, 3 million won of fine, 3 million won of fine, 3 million won of fine, and 1 million won of fine) that the court below sentenced the Defendants is too unafford and unfair.

2. The crime of this case was committed with the intent of aiding and abetting the Defendants to obtain economic compensation for the crime of aiding and abetting another person’s privacy by photographing money, and the nature of the crime is bad. The photograph taken by the Defendants is used as a main means for the principal offender’s crime, the frequency of the crime is high, and the crime was committed systematically and systematically.

However, in full view of all the following factors: (a) the Defendants recognized the instant crime; (b) the Defendants committed the crime aiding and abetting the Defendants to commit the instant crime; (c) the Defendants took part in the instant crime as an aiding and abetting offender, not the principal offender; and (d) the Defendants C and D did not have any record of criminal punishment in addition to juvenile protective disposition; and (c) other conditions of sentencing as indicated in the records and changes theory, including the Defendants’ age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime; and (d) the circumstances after the crime, etc., the sentence imposed by the lower court is appropriate; and (d) the lower court’s judgment exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's assertion is without merit, since the court below's punishment is too unfasible.

3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

유사 판례

-대구지방법원 2018.01.24 2016노4271 (1)

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