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(영문) 대구지방법원 2015.12.17 2015노4166
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court (e.g., imprisonment of one year and six months for Defendant A, and imprisonment of eight months for Defendant B) is too unreasonable.

2. The Defendants, who recognized the mistake of the instant crime, are in profoundly contradictory to the understanding of the Defendants.

The Defendants do not have much profits from the instant crime, and Defendant B is recognized as the primary offender who has no criminal record.

However, the crime of this case is very poor because the defendants committed the crime of this case by detaining and threatening the victim for three days without any awareness of the crime.

In the instant case, the mental impulse suffered by the victim seems to be very big, and it was not likely that the damage recovery or agreement was not reached until the trial in the instant case.

In addition, Defendant A committed the instant crime without being aware of the fact that there are several same records, such as punishment and juvenile protective disposition, and even though it is a repeated crime period, Defendant A committed the instant crime.

Defendant

B Although it cannot be deemed that the initial crime or the degree of participation in the instant crime is less severe, it is necessary to punish the instant crime in light of the content of the instant crime.

In addition, comprehensively taking into account the Defendants’ age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances before and after the commission of the crime, each of the lower court’s punishment against the Defendants cannot be deemed unfair.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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