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(영문) 의정부지방법원 2014.03.13 2012노1134

공갈

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. On May 30, 2012, the Defendant filed an appeal against the lower judgment on May 30, 2012, and the record reveals that he/she did not submit the statement of grounds for appeal within 20 days from the date he/she received the notification of the receipt of the trial records from this court on October 19, 2012, and the petition of appeal does not contain any description of the grounds for appeal in the petition of appeal, nor can further find the grounds for appeal ex officio

2. Judgment on the prosecutor's appeal

A. The sentence of the lower court (four months of imprisonment) is deemed to be too unhued and unfair.

B. The crime of this case, which was committed on October 26, 2010, which was scheduled by the lower court as a servant of an environmental organization, is very poor in quality of the crime of this case, and the defendant escaped on October 26, 2010 and did not appear in the court until the trial was held. However, the victim's amount of damage is relatively more than KRW 2,200,00, and in light of all the sentencing conditions indicated in the records of this case, such as the defendant's age, character and behavior, environment, and circumstances after the crime, it cannot be deemed that the sentence of the lower court against the defendant is too unreasonable.

3. If so, the defendant's appeal should be dismissed by decision in accordance with Article 361-4 (1) of the Criminal Procedure Act, but it is so decided as to dismiss the appeal by decision in accordance with Article 364 (4) of the Criminal Procedure Act.