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(영문) 대구지방법원 2017.09.08 2017노742
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unafford and unfair (one year and six months of imprisonment, three years of probation, two years of probation observation, two years of community service work, ten months of imprisonment, two years of probation probation, two years of probation observation, two years of probation observation, and one hundred and twenty hours of community service).

2. In light of the motive and method of each of the instant violent crimes, it is recognized that there is a need to strictly punish the act of transmitting the access media in light of the fact that the nature of the crime is very very rough and bad, and that the social harm caused by the circulation of the passbook is very serious, and that Defendant B has the same record of being sentenced to punishment one time to suspended the execution due to the same violent crime and one time to be fined, etc.

However, the Defendants led to the confession of their mistakes while committing the crime, and there is no record of punishment for the same crime except for the juvenile protective disposition once in 2000 by Defendant A, the victims and victims agree with the initial agreement, the victims are in favor of the Defendants, the amount of harm caused by the threat is not significant, and other factors of sentencing specified in the arguments of the instant case, such as the Defendants’ age, sex, environment, motive, means and consequence of the crime, etc., it is not recognized that each sentence of the lower court is too unreasonable, considering all of the sentencing conditions specified in the arguments of the instant case, such as the circumstances after the crime.

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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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