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(영문) 부산지방법원 2014.05.02 2013노3522
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of imprisonment with prison labor for one year, two years of suspended execution, probation, and community service 200 hours, which the court below sentenced against the defendant, is too uneasible.

2. The following facts are acknowledged: (a) the Defendant had a record of being subject to juvenile protective disposition for the same type of crime prior to each of the instant crimes; (b) the Defendant committed several offenses against the victim who fell short of judgment, such as assault and assault; and (c) the Defendant appears to have led to the commission of the crime.

However, in full view of the following circumstances: (a) the Defendant appears to have committed each of the instant offenses, and (b) the Defendant’s additional offense was deemed to be against his mistake; (c) the Defendant deposited money for the recovery of the victim’s damage on behalf of the Defendant; and and (d) other circumstances constituting the conditions for sentencing as indicated in the record, such as the Defendant’s age, environment, family relationship, occupation, and circumstances before and after the commission of the offense, it is difficult

Therefore, prosecutor's assertion is without merit.

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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