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(영문) 서울남부지방법원 2015.06.04 2015노87

공갈등

Text

The judgment below

Of the judgment of the court below, the part concerning each crime of "2014 Highest 3712" shall be reversed.

Defendant .

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and fines of three years and fines of three million won, and fines of one million won for each of the crimes in the case No. 2014Kadan4293) sentenced by the lower court to the Defendant is too unreasonable.

2. Determination

A. The court below’s decision shows the attitude of the defendant against each of the crimes of "2014 Go-Ma3712" in the judgment of the court below, and it is favorable that the defendant agreed with the victim E's bereaved family members of the crime of intimidation when the defendant was in a trial, and that his bereaved family members agreed with the victim E in the crime of intimidation, and that the defendant paid a small amount of money to the victim M of the crime of public accusation when he was in a trial

However, the Defendant committed each of the crimes in the case of 2014 high group3712 during the period of repeated crime, and the Defendant committed one of the crimes of this case by forcing E to make a false confession, etc., may be deemed to have influenced a certain part of the Defendant’s intimidation when the victim E committed suicide, and the fact that there was no agreement with the victim M of the crime of extortion is unfavorable.

In addition, when comparing the sentencing conditions as shown in the records and arguments, such as the motive of each of the instant crimes, circumstances after the crime, etc., and the reasons for sentencing of the original judgment, the sentence imposed by the lower court is somewhat unreasonable.

B. Examining the part concerning each of the crimes of "2014 Highest 4293" as stated in the judgment of the court below with the sentencing conditions as indicated in the instant records and pleadings, it does not seem that the sentence imposed by the court below is too unreasonable since the sentence imposed by the defendant is too unreasonable.

3. As such, the part of the judgment of the court below regarding each crime of "2014 Godan3712" as stated in the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the remaining appeal by the defendant is again ruled as follows, after pleading, pursuant to Article 364 (6) of the Criminal Procedure Act.