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(영문) 광주지방법원 2016.10.20 2016노2279

공갈

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment) by the lower court is too unfased and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is expected to have the press force in the local community by taking advantage of the identity of the defendant as the reporter, and if the victim does not give money, it is not very good that the crime of this case is committed by taking money by attracting the victim as if he would have a serious impact on the operation of the victim's business.

The victim did not reach an agreement with the victim, and the damage was not recovered.

On the other hand, the following conditions are favorable.

There is no record that the defendant was punished for the same crime.

The amount of money that the defendant got out is not much.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, the prosecutor’s assertion is without merit.

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