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(영문) 광주지방법원 2017.05.10 2017노964

공갈등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. The instant crime requires strict punishment against the Defendant, taking into account the following factors: (a) the Defendant took advantage of his status as a reporter to gain property and pecuniary advantage from constructors; (b) the nature of the instant crime is considerably not good; and (c) the frequency of the crime is not considerable.

However, when considering the conditions of sentencing specified in the pleadings of this case, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy or unreasonable, and thus, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.