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(영문) 광주고등법원 2014.11.27 2014노227

공갈등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (one year of imprisonment with prison labor for two years) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The Defendant abused his status as a local press reporter, thereby passing up or passing out money by threatening victims under the pretext that the Defendant’s wife and outside third villages work in salt farms, etc. and received wages, etc. that had not been paid.

In addition, when he employs the disabled and operates the salt farm for a considerable period of time, he has violated the human rights that should be enjoyed as human beings by paying money that does not reach the minimum wage.

These points are disadvantageous to the defendant.

On the other hand, the fact that all of the crimes of this case were led to confessions and reflects by the defendant, the victims of the crime of extortion and attempted extortion among each of the crimes of this case and the victim F. The victim U.S. transferred all damages to the victim U.S., the defendant directly induced U.S. and did not commit a cruel act, such as assault and confinement, etc. during his work, and the defendant was requested by the mother of the victim F. (the mother of the defendant) to commit the crime of extortion and attempted extortion among the crimes of this case. The fact that the defendant was punished once as the crime of drinking and unlicensed driving, and that there was no same kind of force shall be favorable circumstances for the defendant.

In full view of the aforementioned grounds for sentencing and other circumstances revealed in the instant pleadings, such as the Defendant’s age, character and conduct, family relationship, environment, circumstances surrounding and degree of the crime, and the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. As the appeal by the Defendant and the prosecutor in conclusion is groundless, Article 364(4) of the Criminal Procedure Act is not reasonable.