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(영문) 인천지방법원 2015.11.27 2015노3630

공갈미수교사등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

(b) the defendant;

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (one year and six months of imprisonment) is too unreasonable.

B. Defendant B had no criminal intent of intimidation or intimidation against G, such as as written in the facts charged.

2. Determination:

A. In light of the circumstances and contents of Defendant A’s crime and the method of the commission of the crime, etc., the victims seem to have suffered considerable mental pain due to the crime of this case, and the victim’s criminal records are one time, etc. However, considering the following factors: (a) the Defendant confessions and reflects all the crime of this case; (b) the Defendant agreed with the victims in the first instance; and (c) other factors of sentencing as indicated in the records and arguments such as Defendant A’s age and happiness environment; and (d) the circumstances before and after the crime, the lower court’s punishment against Defendant A is somewhat inappropriate.

B. The lower court’s judgment is based on the following circumstances acknowledged by the evidence duly adopted and investigated by the court of the lower court, namely, ① the telephone call content and the contents of conversation between Defendant B and the victim (the Defendant B and the defense counsel are at issue, but this does not interfere with the recognition of Defendant B’s criminal act in the text message sent by Defendant B, and when considering the expressions used by Defendant B in the text message sent by Defendant B to Defendant B, it is interpreted that Defendant B was delivered to Defendant B, which was known to the party himself and the Defendant’s husband if he did not pay the money to Defendant A, and ② as G was in conflict with the Defendant A and the monetary problem, it appears that Defendant B could have caused fear of fear in the above end of the Defendant B, rather than the person who was aware of the fact, and ③ according to the Defendant B’s statement in the investigation agency, the Defendant B was aware of the circumstances of G around the time when he would find G.