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(영문) 광주고등법원 2014.12.04 2014노360

특정경제범죄가중처벌등에관한법률위반(공갈)

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The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (four years of imprisonment with prison labor for a term of three years) is too unhued and unreasonable.

2. The number of crimes is not good and the degree of illegality is hot, in that the defendant used the victim's secret-related data to take a large amount of KRW 500 million from the victim.

However, considering the following as a whole: (a) the Defendant led to the confession of and reflect against the instant crime; (b) the victim deposited all the damages of this case to the victim at the lower court; and (c) the victim wanted to take the Defendant’s preference against the Defendant; (b) the process leading up to the instant crime; and (c) the fact that the Defendant provided some loans to the Defendant; and (d) the Defendant did not have any record of having been punished for the same kind of crime; and (c) other various circumstances shown in the instant argument, such as the Defendant’s age, character, conduct, family relationship, and environment; and (d) the recommended type of punishment (three to four years and six months), the lower court’s punishment is not deemed unfair.

Therefore, the prosecutor's above assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.