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(영문) 인천지방법원 2016.02.05 2015노4496

공갈미수

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court against the Defendant is too unreasonable.

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

2. In light of the judgment, the fact that the defendant recognized the crime of this case, except for the criminal punishment of minor fines due to drinking driving, the fact that there is no record of crime, the fact that information was given to the public interest purpose, which led to the crime of this case, there are some circumstances to be considered in the circumstance, and the fact that there are family members to support the defendant is favorable to the defendant.

On the other hand, however, that the defendant's attack was attempted, even though it was not attempted.

of the crime, but the nature of the crime is less than that of

It is difficult to see that the amount requested by the defendant is a large amount of KRW 2 billion, and the fact that the defendant did not agree with the victim is disadvantageous to the defendant.

In addition, given that there is no change in special circumstances or circumstances that may newly be considered in sentencing after the sentence of the lower judgment, all of the sentencing conditions specified in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, background of the instant crime, and circumstances after the commission of the crime, etc., the sentence imposed by the lower court is appropriate, and the Defendant and the Prosecutor’s above assertion are not acceptable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.