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(영문) 대전지방법원 2015.07.16 2015노1134
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 8 months, 2 years of suspended execution, and 3 years of probation) of the lower court against the Defendant is deemed unreasonable.

2. The crime of this case is a case where the defendant knew of the fact that the victim is a mental body and used it to repeatedly commit the act of attack, injury, etc. against the victim, and the nature of the crime is not weak, and the fact that the defendant has not yet agreed with the victim is disadvantageous to the defendant.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the fact that the Defendant seems to have led to the confession of the crime of this case and against his mistake, the Defendant’s indictment suspension disposition (201 year) and juvenile protective disposition (2013 year) had no record of any particular criminal punishment other than the Defendant’s indictment suspension disposition (2013) and juvenile protective disposition (2013), the Defendant’s deposit of KRW 2 million for the victim, etc. to a certain extent, making efforts to recover from damage. The prosecutor’s assertion is without merit, since it is deemed that the Defendant’s sentence of this case is too uneasy and unfair.

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

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