beta
(영문) 대구지방법원 2014.11.14 2014노3172

공갈등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. In light of the favorable circumstances such as the fact that the defendant confessions all of the crimes of this case and reflects the fact that the defendant should support his spouse and children, the defendant's economic situation worsens as a basic living beneficiary, and the victim's actual damage (around 1.30,00 won) is not significant, the defendant has been sentenced 15 times to violent crimes, and 4 times to fraudulent crimes, and the defendant has been sentenced to punishment for the same kind of crime (i.e., interference with duties) and began to commit each of the crimes of this case only in one month without being aware of the same crime (i.e., interference with duties) after being released, and the agreement was not reached until the trial, the defendant was sentenced to punishment for the same kind of crime, and the defendant appears to be weak, and considering the defendant's age, character and conduct, the environment, the means and method of the crime of this case, the motive for the crime of this case, etc., the defendant's assertion that the court below's punishment is unreasonable is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.