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(영문) 인천지방법원 2017.09.08 2017노2614

상습공갈등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one and half years of imprisonment with prison labor, a short term of one year and six months, and a short term of one year) is too unreasonable.

2. A favorable circumstance is that the judgment of the defendant recognized his/her own crime, the fact that the defendant seems to have committed an error in the situation where he/she was unable to care at his/her parents' age, and that he/she paid and agreed to pay money to the victims in the first instance.

However, in addition, in light of the method and method of committing the instant crime, motive and background of the crime, the details of the crime, and the circumstances after the crime, the instant crime committed by the Defendant is a serious crime that is difficult to receive because the Defendant merely fell short of the quality of the crime. Even if the Defendant already received juvenile protective disposition against the victims due to a similar crime, the victims committed the instant crime for more than one year, without any awareness of the crime against the victims, and even if the victims were reported to the investigation agency, they reversed the statement of damage. The instant case also did not report voluntarily to the victims, but did not report voluntarily to the victims, but it appears that it was difficult for the victims to feel fear, apprehension, and fear that one of the victims caused the minor victims to feel, and that the Defendant paid to the victims the victims the full recovery of the damage.

In full view of the facts that cannot be seen, the fact that the investigation was conducted by the investigative agency in this case, consistent with the attitude of the defendant, and other circumstances that form the elements of sentencing as shown in the records and arguments of this case, such as the character, conduct and environment of the defendant, etc., considering the circumstances in which the defendant agreed with the victims in the trial, the punishment imposed by the court below cannot be deemed as unfair because it is too unreasonable. Thus, the above assertion by the defendant.