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(영문) 서울중앙지방법원 2017.05.25 2017노904

공갈

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant's recognition of the crime is against the defendant, and that the defendant's attack cannot be deemed to be serious, and that the victim K does not want the defendant's punishment under an agreement with the victim K.

However, the crime of this case is not a crime of receiving money from the victims under the pretext that the defendant is responsible for the occurrence of a withdrawn incident in the course of illegal transactions of passbooks.

The Defendant was sentenced to 8 months of imprisonment due to a violation of the Game Industry Promotion Act, etc., and one year has not passed since the completion of the enforcement of the sentence, and the Defendant committed the instant crime, and the responsibility is also heavy.

The victim did not recover from damage to U.S.

In full view of all the conditions of sentencing as shown in the arguments, including these circumstances, including the Defendant’s age, sex, environment, motive and method of crime, the sentencing of the lower court is within the reasonable scope of discretion.

In addition, there is no change in sentencing conditions that can be newly considered in the trial.

Therefore, the punishment sentenced by the court below cannot be deemed to be unfair because it is too large.

3. In conclusion, the defendant's appeal is dismissed on the ground that it is without merit.

However, since it is apparent that the application column of the judgment of the court below was omitted in the application column of the repeated crime, the first head of the crime includes the criminal record of the repeated crime, the evidential materials on the records of the crime are stated in the column of the evidence, and the reasons for sentencing also include the criminal record of the defendant.

In accordance with Article 25 (1) of the Regulation on Criminal Procedure, it is intended to revise ex officio by adding "1. Aggravation of repeated crimes" and "Article 35 of the Criminal Act" to the end of the column of application of the Act on the 5th of the judgment of the court below.