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(영문) 광주지방법원 2017.11.30 2017노1004

공갈등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (ten months of imprisonment, three years of suspended execution, observation of protection, community service, etc.) so long as the Defendant was so unreasonable, and the prosecutor appealed from the lower court’s punishment too unfasible and unfair.

2. The crime of this case, which was committed on the Internet newspaper company, committed an attempted attempt to compel or interfere with the victims to enter into an asbestos management contract by inducing them to prepare an article disadvantageous to the victims or by threatening the victims to file a civil petition with a related agency. It is a favorable condition that the crime is extremely poor in light of the defendant's status, method of crime, content, frequency, etc., or the fact that most of the crimes reflects the defendant's wrongness, most of the crimes are attempted, the total amount of damage is not significant, the total damage is not significant, the victims have agreed with the victims, and there are no identical criminal records.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, and other various sentencing conditions as shown in the instant records and pleadings, the lower court’s punishment is too heavy or unreasonable.

3. The appeal filed by both the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.