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(영문) 광주지방법원 2013.06.19 2013노862

폭력행위등처벌에관한법률위반(공동공갈)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. A favorable circumstance is that the Defendant recognized his mistake and agreed on the Defendant’s payment of KRW 32 million to the victim (the amount distributed to the Defendant out of KRW 50 million is KRW 23 million).

On the other hand, this case is an unfavorable circumstance, such as the fact that the defendant established a criminal plan with the lead of the defendant in advance and brought money to other accomplices by taking sex relations, and the nature of the crime or the case is serious, and the crime is committed by taking advantage of a friendly relationship with the victim and the possibility of criticism is high.

In addition, considering the Defendant’s age, character and conduct, occupation and environment, motive and circumstance leading to the instant crime, circumstances after the instant crime, etc., and the sentencing conditions indicated in the instant records and arguments, it is deemed that the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.