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(영문) 광주지방법원 2017.01.11 2016노4296

공갈등

Text

The judgment below

The part against the defendant shall be reversed.

The punishment of the accused shall be determined by six months of imprisonment.

(b).

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Each of the crimes of this case is an unfavorable circumstance where each of the crimes of this case was committed by the defendant who received money by threatening the victims by using his status as a reporter, which led to the occurrence of the defendant to receive a trial, and thus, the quality of the crime is not very good. There is a need for strict punishment for the crime of committing the crime of aiding and abetting the victims in order to reconsider the social trust of journalists, and perjury is an offense impeding the proper judicial function of the State and impairing the people's trust in the judiciary and the trial.

On the other hand, it is advantageous to the fact that the defendant's mistake was properly recognized and reflected in the first instance, the victims were not punished against the defendant for the first instance, the amount of profits acquired by the defendant by the attacking act is not significant, and the defendant has no criminal record exceeding the amount of punishment or fine for the same kind of crime.

In addition, in full view of the circumstances of the crime of this case, the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, etc., the punishment of the defendant sentenced by the court below is too unreasonable.

3. As such, the appeal by the defendant is reasonable, and the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows (as long as the defendant's appeal is accepted, the prosecutor's appeal shall not be dismissed separately). [Judgment of the court below] The summary of criminal facts and evidence acknowledged by this court is different from the corresponding column of the judgment of the court below, except for the addition of "1. Defendant's trial statement" to the column for evidence.