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(영문) 창원지방법원 2014.04.03 2014노202

공갈미수등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the court below (ten months of imprisonment) is too unreasonable, and the prosecutor asserts that the punishment imposed by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by both parties of the judgment, the following circumstances are the circumstances unfavorable to the defendant: (a) the defendant was able to receive separate notification from the victim C, which the defendant had maintained internal relations; (b) the Kakaoto Ri, etc. of the said victim; (c) 45 times mobile phone text messages and the 26 times voice messages containing the content of creating fear and apprehension to the victim D, who is his husband; and (d) the victim and his husband repeatedly reached the 46 times cell phone text messages and the 26 times voice text messages, which contain the contents of creating fear and apprehensions with the above victim D; and (c) the victims were not able to demand 3 million won from the victims; and (d) the defendant did not receive suspicion from the victims; (d) the defendant had already been subject to six times criminal punishment; and (e) the defendant

However, the fact that the Defendant recognized all of the crimes of this case from the investigative agency to reflect the fact that the Defendant committed each of the crimes of this case, and that the Defendant committed each of the crimes of this case with mental impulses and confidences resulting from receiving separate notification from the victim C at the time of each of the crimes of this case, which appears to have some circumstances to consider the circumstances of the crimes. The fact that the Defendant did not have any history of punishment for the same kind of crime is favorable to the Defendant.

In full view of all the circumstances surrounding the Defendant’s age, character and conduct, occupation and environment, the circumstances and results of each of the instant crimes, etc., and the conditions for sentencing as shown in the arguments and records, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable. Thus, each of the Defendant and the prosecutor’s arguments on unfair sentencing are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit.