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(영문) 수원지방법원 2014.12.04 2014노3066

공갈등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (one year and six months of imprisonment, two years of suspended sentence, 40 hours of attending lecture for sexual assault treatment, 200 hours of community service order, and confiscation) against the accused is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant did not have a criminal record of the same kind as the instant crime; (b) the Defendant made a confession of all the crimes; and (c) the Defendant made an agreement on the payment of KRW 25 million to the victim; and (d) the body of the victim and the sexual intercourse between the Defendant and the victim, which were favorable to the Defendant; (b) the victim taken pictures of the victim’s sexual intercourse; (c) the victim was attached to the victim’s vehicle with the defect in custody; or (d) was deemed to have suffered serious mental, physical, and economic difficulties due to the instant crime committed by using the aforementioned pictures; and (d) the victim appears to have suffered serious mental, physical, and economic difficulties; and (e) the victim was extremely bad in terms of the circumstances, method, and consequence of the said crime; and (e) other circumstances that are conditions for sentencing specified in the records

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