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(영문) 대전지방법원 2018.02.21 2017노3785
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ sentence (Defendant A: three years of imprisonment, four years of suspended execution, three 20 hours of community service order, Defendant C’s imprisonment, one year and two months of suspended execution, two years of suspended execution, and eight hours of community service order) is too unreasonable.

B. The Prosecutor’s sentence against Defendant A by the lower court is too unhued and unreasonable.

2. Determination

A. Defendant A recognized all the crimes of this case and reflects the mistake, the victims do not want punishment against Defendant A by agreement with the majority of the victims, and the amount of special larceny damage seems to have been substantially recovered due to ex post facto settlement, and the damage to the Korea Land and Housing Corporation for the victim seems to have been substantially recovered. Defendant A has withdrawn from the trade union; Defendant A has no record of having been punished in excess of the fine; and the mother and children have not been supported.

However, the crime of this case was committed by Defendant A, at the construction site, by unfairly interfering with employment and agency relations by threatening many victims using the labor union’s status, and repeating considerable property losses to the relevant persons. The conclusion of a contract for soil and sand transport was stolen from earth and rocks extracted at the construction site by means of putting them into force, and thus, the nature of the crime is very poor in light of the purpose and method of the crime, and the frequency of the crime, and the degree of Defendant A’s participation in the crime is not easy and the circumstances after the crime are not good.

In full view of the above circumstances and other factors of sentencing as seen above, Defendant A’s age, sexual conduct, environment, background, means, and consequence of the crime, etc., Defendant A’s punishment is too heavy or unreasonable, even considering the circumstances in which Defendant A agreed additionally with the victim in the trial of the case.

Therefore, the defendant A and the prosecutor's argument are without merit.

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