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(영문) 대전지방법원 2015.10.06 2015노745
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below (for defendant A, 8 months of imprisonment, 2 years of suspended sentence, 40 hours of community service, 6 months of suspended sentence, 2 years of suspended sentence, 40 hours of community service work) is too unfasible and unfair.

2. Determination

A. The crime of this case is not very good for the defendants to commit the crime of this case because the nominal owner of the one-person passbook withdraws money from the one-person passbook while committing the crime, thereby passing money to the victims or assaulting the victims.

B. On the other hand, there are extenuating circumstances, such as the Defendants’ confession and confession, the victim E and F agreed with the Defendants, and the Defendant A support the victim suffering from dementia and the victim with disability 3 disability, and Defendant B support three children with wife and children.

C. The sentence of the lower court is reasonable in light of all the sentencing conditions indicated in the instant case, including the Defendants’ age, living environment, details and consequence of the crime, and circumstances after the crime.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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