beta
(영문) 대전지방법원 2015.11.26 2015노778

공갈등

Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for six months, suspension of execution for two years, community service hours for 80 hours) is too unreasonable.

2. The circumstances are as follows: (a) the Defendant’s mistake is against his/her own mistake; (b) there is no record of criminal punishment exceeding the fine; (c) the Defendant agreed with the victim I and C; and (d) the amount of damage is relatively small.

However, even though the Defendant had been punished as a crime of fraud due to multiplelessless types of crimes, the Defendant committed each of the crimes of this case at different times, and the Defendant committed each of the crimes of this case at different times, there are unfavorable circumstances such as the nature of the crime by organized violence during the course of the crime of attack, and the failure to agree with some victims. Other factors such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and various sentencing conditions, including the circumstances after the crime, and the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission for each of the crimes of this case: < Amended by Presidential Decree No. 11735, Dec. 1, 2007; Presidential Decree No. 1700, Feb. 2, 2006>

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.