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(영문) 대구지방법원 2014.02.07 2013노4007

공갈등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., 50,000 won of fine and 8 months of imprisonment) of the lower court is excessively unreasonable.

2. It is recognized that the Defendant deposited the amount of damage for the victim C and F, agreed with the victim E, part of the crime of intimidation against the victim C may have been tried like fraud for which the judgment became final and conclusive, and that the Defendant has grown in an unsound environment and that the present health condition is not good.

However, in light of all the circumstances, including the fact that the Defendant committed the instant crime during the same repeated crime period, the victims knew of the Defendant’s violence, leading to the instant crime, and the nature of such crime is not good. The Defendant opened his/her mobile phone with his/her resident registration certificate and paid the victims all of his/her fees, and the motive, means and methods of the instant crime, and the circumstances after the instant crime, the lower court’s punishment is too unreasonable.

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

[Attachment 2 of the lower judgment, Defendant 3 was sentenced to eight months of imprisonment for fraud, etc. at the Daegu District Court on April 28, 2010, and the said judgment was finalized on April 28, 2010, and on March 5, 2011, at the Daegu District Court on April 28, 2010, and the execution of the sentence was completed in the Daegu District Court on May 7, 2010, and the said judgment became final and conclusive on May 10, 2010 and completed the execution of the sentence in the Daegu Prison on May 10, 2010, and was sentenced to eight months of imprisonment for violation of the Punishment of Violence, etc. Act (joint injury) on October 1, 2010, and the said judgment became final and conclusive on December 31, 2010 and conclusive pursuant to Article 25(1) of the Rules on Criminal Procedure, thereby correcting that the sentence is an obvious clerical error in the enforcement of the sentence.