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(영문) 인천지방법원 2018.03.23 2017노4428

공갈등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and six months, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. However, the fact that the Defendant recognized the entire crimes of this case and reflected against the Defendant, and that the amount taken out by the crime of this case is not more than 6 million won, is favorable to the Defendant.

However, even before committing the instant crime, even if the Defendant had been punished by imprisonment with prison labor due to conflict, fraud, etc., the Defendant committed the instant crime at another time at the end of the last one year after the execution of the sentence was completed, and the said method is very poor.

In full view of the above circumstances and other conditions of sentencing, including the Defendant’s age, sex, environment, family relationship, motive and background of the offense, means and consequence, etc., it is not determined that the sentence imposed by the lower court is too heavy or unreasonable.

3. As such, the appeal by 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. It is so decided as per Disposition.