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(영문) 인천지방법원 2019.05.30 2019노970
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The Defendants’ appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (one year of imprisonment with prison labor for the defendant A and eight months of imprisonment for the defendant B) declared by the court below is too unreasonable.

2. It is a favorable circumstance that Defendant A agreed with K, which is the victim of the crime of injury, and Defendant B did not focus on the degree of participation in the crime, and that the Defendants cannot be seen as not having any possibility of opening up yet due to age with the adult who became the side.

However, the crime of this case was committed by several persons, including the Defendants, who tried to accommodate and assault the victim, and thus, the nature of the crime is not good, and the Defendants have the record of receiving juvenile protective disposition on several occasions.

In addition, comprehensively taking account of the circumstances surrounding the instant crime, the Defendants’ character and conduct, environment, motive, means, and consequence of the instant crime, etc., even if considering the favorable circumstances as seen earlier, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

3. Accordingly, the defendants' appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendants' appeal of this case is without merit. It is so decided as per Disposition.

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