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(영문) 의정부지방법원 2016.02.04 2015노3215

공갈등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant led to confession and reflects each of the crimes of this case, that most of the victims agreed with the victim, and that the suspension of execution is invalidated if the sentence becomes final and conclusive due to the instant case.

B. However, the Defendant committed various crimes of this case against convenience store employees at night, stolen the work by entering a commercial building at night, and caused damages to several persons by making a false writing as if he/she sold mobile phones, Nowon-gu, etc. on the Internet carpet, etc., and by not sending things after having received money. The contents of the crime are diverse and the victim requires strict punishment. The Defendant committed various crimes of this case without being informed of the suspension of execution, even though he/she was sentenced to imprisonment with prison labor for the purpose of murder on June 26, 2012, she was sentenced to imprisonment with prison labor for 3 years, 4 years of suspension of execution and without being informed of the suspension of execution, even though he/she was under suspension of execution, and even during the period of suspension of execution, and in other circumstances, the Defendant’s age, sex, environment, motive and circumstance leading to the crime of this case, circumstances before and after the crime, and all other sentencing conditions as shown in the arguments of this case.

Even if the sentence of the court below is too unreasonable, it shall not be considered unfair.

(c)

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364 (4) of the Criminal Procedure Act. However, since it is obvious that "the 6 acts" of the court below is a clerical error, the defendant's appeal is deleted ex officio under Article 25 of the Rules on Criminal Procedure.