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(영문) 전주지방법원 2015.12.04 2015노1291

공갈

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

2. The determination of the Defendant’s confession of the instant crime and reflects the Defendant’s mistake, the amount of noise is a small amount, the Defendant agreed with the victims, etc. are considered favorable to the Defendant.

However, considering the fact that the crime of this case was committed by the Defendant by taking money against young students under the age of 12 and 13, in light of the method and content of the crime, etc., the nature of the crime is inferior, and the Defendant had a record of criminal punishment several times including the criminal punishment due to the crime of attack, and even during the period of repeated crime due to special robbery, the Defendant committed the crime of this case, and all other sentencing conditions specified in the argument of this case, such as the Defendant’s age, character, conduct and family environment, it is not recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.