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(영문) 창원지방법원 2017.08.31 2017노1578

공갈등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower judgment (eight months of imprisonment) is too unreasonable.

B. Prosecutor: The sentence of the lower judgment is too uneasible and unreasonable.

2. Determination is a favorable reason for sentencing, such as: (a) the fact that the Defendant made a confession of the offense while committing the offense; (b) the amount of damage from the offense is not larger than KRW 200,000; (c) the degree of injury is not heavy; (d) the crime of attack was committed prior to the institution of public prosecution; (e) the obstruction of official duties; and (e) there was an agreement with the victim D; and (e) there was a family member to support the crime; (b) there was no agreement with the victim of the crime of injury; (c) the crime of interference with duties; (d) the obstruction of performance of official duties; (e) the obstruction of violent crimes; and (e) three times of punishment; and all of

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading up to the commission of the crime, and all other matters regarding the sentencing as indicated in the records and arguments in this case, the judgment below’s punishment is determined to be appropriate, and there is no change of circumstances to be considered in the trial at the present time, and the arguments between the Defendant and

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