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(영문) 대전지방법원 2016.12.15 2016노2846
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for two years.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment against the Defendants (two and half years of imprisonment, respectively) is too unreasonable.

2. In light of the circumstances and attitudes of the crime of this case, the crime of this case is not very good, and the defendants were punished several times due to violence, and the defendants Eul committed the crime of this case during the probation period due to violence, etc., which are disadvantageous to the defendants, or all of the defendants were led to the defendant's confessions at the investigation agency, and the defendants agreed to the victim F, N, L, and family relationship. The defendant Gap deposited KRW 3 million in the court below for the recovery of victim Y's damage. The defendants agreed at the court below, the victim Q and only agreed at the victim Q, and the victim Q et al. The defendant did not want the punishment of the defendants. In other words, the defendant's age, character, environment, the circumstances, means and result of the crime of this case, circumstances after the crime, family relation, etc. as stated in the arguments of this case, and considering the various sentencing conditions under Article 51 of the Criminal Act, the court below's assertion that the defendant's punishment is unfair.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is ruled as follows.

【Defendant A,” and the summary of the facts constituting an offense and the evidence admitted by this court, the summary of the facts constituting an offense and the evidence, as stated in the judgment of the court below, are as follows: “480,000 won” in the 12th sentence of the part of the 2016 High-Ma842, which reads “480,000 won”; “Defendant A” in the 1st sentence of the part of the 2016 High-Ma210, which reads “200,000 won”; and “Defendant A” in the 1st sentence of the 2016 High-Ma1802 of the 2016 High-MaMa1802, which reads “each

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