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(영문) 대구고등법원 2014.07.10 2014노92

공갈등

Text

The defendant's appeal is dismissed.

Reasons

In light of the fact that the defendant commits each of the crimes of this case due to economic difficulties (unfair punishment), the punishment sentenced by the court below to the defendant is too unreasonable.

Judgment

There are circumstances such as: (a) the Defendant was aware of all of each of the instant crimes, and is in violation of the Punishment of Violences, etc. Act; and (b) the degree of injury inflicted upon the Victim K in the instant crime in violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) is not much excessive.

However, the crime of conflict in this case was committed by the victim B and C under the jurisdiction of the victim to be punished for the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, and was committed by threatening to report rape at multiple times, thereby leaving 5 million won under the pretext of agreement. In addition, considering the motive and purpose of the crime and the circumstances of the crime, etc., it is very poor in the nature of the crime. The defendant already committed the crime of violation of the Punishment of Violences, etc. of the same case (one suspended sentence, one time of punishment, four times of fines) even though he had the power to be punished for violent crimes (one time of suspended sentence), and the damage recovery to victims was not done, and considering all the records and circumstances of the crime in this case including the defendant's age, character and conduct, motive, means and result, etc., the judgment of the court below is not deemed to be unfair within the scope of punishment that corresponds to the defendant's liability.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.