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(영문) 광주지방법원 2015.06.10 2015노349

공갈등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The following facts are favorable circumstances or facts: (a) the Defendant recognized all of his mistakes by the Defendant; (b) the Defendant’s fraud or the amount of damage to public peace is relatively large; (c) the Defendant has to support the Defendant; and (d) the Defendant deposited a total of one million won for the recovery of damage; (b) on the other hand, the Defendant has been punished several times due to the crime of injury, the crime of property damage, the crime of obstruction of performance of official duties, etc.; (c) most of the crimes have been repeatedly committed against a small merchant or relatively weak female; (d) the victims have suffered significant harm to the Defendant to the extent that he would be able to make statements due to retaliation; and (e) the victims have continuously suffered damage from the Defendant in case of the victim S, and accordingly, there were appeals from the Defendant such as a long chronic heading, mentalless pain, etc.; and (e) the Defendant’s direct witness and other teachers in case of the instant intimidation and obstruction of performance of official duties, and thus, the Defendant and the prosecutor’s unlawful or unjust reasons for sentencing.

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