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(영문) 인천지방법원 2016.01.29 2015노3883

공갈미수

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment is based on the following facts: (a) the Defendant recognized the instant crime; (b) there is no record of punishment for the same kind of crime; and (c) it appears that the Defendant had caused the instant crime due to personal desire while demanding money for public interest purposes; and (d) there are some circumstances to be considered in the process.

On the other hand, however, that the defendant's attack was attempted, even though it was not attempted.

of the crime, but the nature of the crime is less than that of

In full view of all the circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, etc., as well as the circumstances cited in the reasoning of appeal, even if the Defendant considered the circumstances cited in the grounds of appeal, it is difficult to view that the sentence imposed by the lower court is too excessive and unreasonable, and thus, the Defendant’s above assertion cannot be accepted.

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.