beta
(영문) 부산지방법원 2013.12.19 2013노3634

공갈

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The judgment of the defendant shows the attitude that all of the crimes of this case are recognized and reflected, and the fact that the defendant deposited one million won for the victim during the trial of the court below is favorable.

However, the crime of this case was committed by the victim who was unable to be a basic life recipient with the knowledge that the defendant was the victim of the third degree of disability in the mental health condition, threatening the victim to take away his resident registration certificate and the welfare card of the disabled and report it to the police, and the crime of this case was committed in Busan, Daegu, etc. while living together with the victim. The crime of this case is very bad in nature, and the defendant does not have good conditions after the crime of this case, such as the defendant's escape for one year when refusing to summon without any justifiable reason during the investigation process. Nevertheless, the court below sentenced the defendant to a punishment lower than the defendant's punishment by taking into account the favorable circumstances as seen earlier, and there was no change of circumstances that make efforts to recover damage, such as agreement with the victim or additional damage, and thus, the defendant did not have considerable changes in circumstances that make it difficult to take special measures into account in the sentencing in the trial, and other conditions of sentencing as shown in this case, such as the defendant's age, character and behavior, environment, etc.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.