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(영문) 대구지방법원 2017.10.20 2016노4877

공갈

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (for each crime listed in the judgment of the court below No. 1: 6 months of imprisonment, 2 years of suspended execution and 6 months of imprisonment) is too unreasonable.

2. The facts that the Defendant made a confession of the instant crime while committing the instant crime are against the wrongness of the Defendant, and the facts that the instant crime No. 1 of the instant judgment was committed on October 2, 2014 and the crime of violation of the Punishment of Violences, etc. Act (organization activities of organizations, etc.) which became final and conclusive on October 2, 2014 and the crime of concurrent crimes by a group after Article 37 of the Criminal Act, the punishment should be determined in consideration of equity and the case where the judgment is to be rendered at the same time pursuant to

However, the crime of this case is not suitable for the crime to be committed by the defendant due to the threat of many victims and the acquisition of property profits from them. The defendant was punished several times due to the same crime, etc., as well as the crime of violation of the Punishment of Violences, etc. Act (organization activity) as mentioned above, which was sentenced to three years of suspension of execution and was sentenced to three years of suspension of execution, but did not know of it. Furthermore, the crime of Articles 2 and 3 of this case committed around July 2015 (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc.) committed by the defendant during the suspension of execution, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, Violation of the Road Traffic Act (Dangerous Crimes, etc.) and violation of the Road Traffic Act (Dangerous Drinking)], and the crime of this case committed before and after the suspension of execution of execution of this case was sentenced to a fine for the crime of this case (joint violation of the Act on the Punishment of Violences, etc. (hereinafter referred to as "joint violation of Housing Act").

In addition, the judgment of the court below is pronounced.