상습공갈
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the favorable circumstances and unfavorable conditions for the Defendant.
The circumstance that the defendant asserts as the reason for appeal (such as the conflict of interest, the amount of damage by victim, etc. is not so significant) seems to have already been considered in the sentencing process of the court below.
In addition, there is no new change in circumstances that could change the sentence of the court below in the trial.
Considering comprehensively the sentencing conditions, such as the character and conduct of the defendant, environment, motive, means and consequence of the crime, the circumstances after the crime committed by the defendant, even though the defendant had been already punished as a crime under the same law, and thus, the defendant committed again during the period of repeated crime, and did not take measures to recover damage or to reach an agreement with the victims until the trial at the court below and the trial at the court below, such as the character and conduct of the defendant, environment, motive, means and consequence of the crime, even if considering the circumstances cited as the grounds for appeal, it cannot be deemed that the sentence of
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.
(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, Article 35 of the Criminal Procedure Act shall be amended to add "Article 35 of the Criminal Act" to "1. Cumulative Offense Aggravation" in the column of application of the