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(영문) 울산지방법원 2021.01.29 2020노1310

공갈등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant are the following: (a) the Defendant’s mistake was found in the first instance, and the Defendant recognized his mistake; (b) the Defendant’s interest was not significant; and (c) some of the circumstances that can be considered in the Defendant’s living environment.

On the other hand, the crime of this case was committed by the defendant against men who were under the influence of alcohol in softa, etc., or committed an indecent act against them.

It is reasonable that the victims reported false facts to the effect that they committed an indecent act against the defendant, and that the victims made a false report to the effect that they committed an indecent act against the defendant, and that the nature of the crime is very good and there is a high possibility of criticism. The defendant was a repeated crime period, even though he committed the same crime in the past in a similar manner, he/she went back to the crime of this case repeatedly and repeatedly. The fact that there seems to exist no circumstances, and that there is no agreement between the victims and the victims, and the rest victims except the victim F want to be punished against the defendant, are disadvantageous to the defendant.

In addition, in full view of all the sentencing conditions indicated in the records, such as the Defendant’s age, sex, environment, circumstances after the crime, and whether the change of circumstances occurred after the sentence of the lower judgment, the lower court’s sentence cannot be deemed unreasonable.

Therefore, the defendant's assertion is without merit.

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