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(영문) 창원지방법원 2012.12.06 2012노1900

폭력행위등처벌에관한법률위반(상습공갈)등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. It is recognized that the judgment was based on the following facts: (a) the Defendant recognized each of the instant crimes and against the mistake; and (b) the Defendant agreed with the victims.

However, the Defendant has been sentenced to a fine, suspension of execution, and imprisonment with prison labor on several occasions due to the same crime, and on January 14, 2010, in the Jinwon District Court's Jinwon Branch, the Defendant was sentenced to imprisonment with prison labor on one year and eight months on the grounds of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.), and on June 16, 2011, even after the execution of the sentence was completed, the Defendant again committed the same crime during the period of repeated crime and the nature of the crime is not good. The crime of habitual assault among each of the crimes of this case is a severe offender whose statutory punishment is three or more years, which has already been sentenced to a limited imprisonment, and the sentence is determined after lowering the lower court's minimum sentence, and in full view of all the records and arguments of this case, such as the Defendant's age, character and behavior, the motive, means and consequence of each of the crimes of this case, and the circumstances after the crime, it cannot be deemed unfair.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.