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(영문) 전주지방법원 2015.01.23 2014노1366

공갈미수등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal by the defendant is too unreasonable.

2. Although the Defendant led to the confession and the mistake of the instant crime, the instant crime was committed by the Defendant, while the Defendant was sexually indecent from the victim, and if the Defendant did not know of the agreement, he/she shall be punished by reporting to the police.

In full view of the following circumstances: (a) the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime; and (b) the Defendant’s age, character and behavior, family relationship, the motive and consequence of the crime; and (c) the sentencing conditions of the instant case, such as the circumstances after the crime, are considered to be too unreasonable, by taking into account the following circumstances: (a) the Defendant’s punishment imposed by the lower court is too unreasonable by taking into account: (a) the victim’s status, which is a public official, would be at least 3 million won, if the victim’s punishment is not given to the victim; and (b) the Defendant did not agree with the victim; and (c) the Defendant was investigated as a victim or the suspect several times in the same manner; and (d) the sentence of the instant case was imposed

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