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(영문) 대구지방법원 2018.09.06 2018노2523

공갈등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (five years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The court below held that the crime of this case was committed under the circumstances that the defendant committed the crime of this case against the victims belonging to the socially disadvantaged class in our society for a considerable period of time, and caused serious injury by the use of violence, and that the crime was very serious, and that the defendant has damaged the trust in our constitutional order in order to maintain the community as well as the personal legal interests of the victims as well as the legal interests of the victims by taking over the basic living expenses that the State pays to the victims, and thereby impairing the trust in our constitutional order to maintain the community in a healthy manner. The defendant first recovered from this case, and did not have any significant penalty history, and the defendant shall be able to faithfully support and repay

The above punishment was sentenced in consideration of the favorable circumstances.

In addition to the circumstances taken into account by the court below, in light of the circumstances that the injured person committed the act of leaving his/her family to escape from the defendant to the church in order to escape from the defendant, and the fact that part of the amount that the injured person took out from the damaged person was used for the injured person, such as paying off the damaged person's debt and using the victim's mobile phone opening through the victim's mobile phone, etc., respectively, shall be taken into consideration.

The scope of the recommended punishment according to the sentencing guidelines for a period of one year or six years and eight months: The scope of the recommended punishment according to the sentencing guidelines for each year or six years and six months: Offenses (Assaults) [Scope of the recommended punishment] of 1 to six years and eight years and eight months, and the scope of the recommended punishment] of 2 types (30 million won or more, and less, and less than 100 million won). In the special aggravated area (1 to four years and six months): In the event that, as a result of combined crimes of the same kind, one step increase (special aggravated) of the types of crimes (special aggravated) or multiple unspecified victims or repeatedly commits the crimes for a considerable period of time, the victim (crime) who is vulnerable to the crimes shall generally injure the victim [the scope of the recommended punishment].