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(영문) 광주지방법원 2017.10.19 2017노3110

공갈등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (one year of imprisonment) to be too unreasonable, and the prosecutor appealed from the lower court’s punishment to be too unfluent and unfair.

2. The fact that the judgment of the accused recognizes all his mistake and reflects it, and that the victim V does not want the punishment of the defendant is favorable to the defendant.

On the other hand, the fact that the criminal records of the defendant reached several times, that the defendant does not know even though he is still under the period of probation, and that the criminal records of each of the crimes of this case are very poor, such as inducing the victims to commit illegal acts, and that the criminal records of the defendant are disadvantageous to the defendant.

In addition, the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances revealed in the instant pleadings are not deemed to be too heavy or unreasonable since the lower court’s punishment is too heavy, and thus, the Defendant and the Prosecutor’s assertion are rejected.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.