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(영문) 서울동부지방법원 2014.01.09 2013노1430

협박등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable.

2. The judgment of the court below and the court of the trial showed the attitude of the defendant to have committed a crime instead of committing a crime, and repented a mistake by committing a prison life for about five months, the amount of money taken by the defendant was not significant, and the defendant was an initial criminal without any previous criminal record. However, the crime of this case is extremely poor that the crime of this case is committed by threatening the sexual intercourse with the victim who is a woman of the defendant and taking money by using a photograph before the sexual intercourse, and is likely to have a considerable sense of sexual humiliation and mental suffering of the victim. The punishment of the court below seems to have taken into account all the above favorable circumstances, and there is no change of circumstances that may differ from the above favorable circumstances, and considering all the circumstances revealed in the records and arguments, such as age, character, character and environment, occupation, power, circumstances, means and result of the crime of this case, etc., the sentence of the court below is too unreasonable.

(1) The defendant's defense counsel argues that the defendant's defense counsel is not able to return the money received without knowing the personal information of the victim, but even if the money received is returned to the victim, the court below's sentencing is not an important circumstance to recognize that the sentencing of the court below is unfair in light of the circumstances and nature of the crime in this case). 3. Accordingly, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.