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(영문) 부산지방법원 2014.08.07 2014노1885

공갈

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (one million won of fine) is too unreasonable in light of the fact that the wife of the defendant is hospitalized in the hospital due to alcohol addiction and his/her mother raises his/her father's care alone.

2. Although there is no circumstance to consider the Defendant’s mistake in depth and agreed with the victim in favor of him, the Defendant expressed his attitude at the main point that the Defendant was sexually organized violence against the victim who was going to attend a entertainment loan while drinking alcohol while drinking alcohol and demanded the drinking value, and thus, it is not easy to put the Defendant into mind the Defendant’s claim for the cost of lives for entertainment entertainment loan and entertainment entertainment, and thus, the nature of the crime is not easy. Nevertheless, the lower court, as well as the lower court, refused the Defendant to appear in the court on the ground that the Defendant’s body continues to stand in the court, and there is no change of circumstances that may be favorable to the sentencing from the judgment of the lower court to the trial, and other various circumstances, such as the Defendant’s age, character and conduct, and the environment, etc., which are the conditions for the sentencing indicated in the instant case, cannot be deemed to be harsh.

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.