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(영문) 수원지방법원 2016.12.01 2016노3477
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The defense counsel in the summary of the grounds for appeal stated in the trial court that the defendant appealed on the grounds of mistake of facts and unreasonable sentencing. However, the statement of grounds for appeal or the summary of the argument submitted by the defense counsel is only stated in the statement of grounds for appeal or the statement of argument submitted by the defendant, and there is no

The punishment sentenced by the court below (ten months of imprisonment, two years of suspended execution, two years of probation, community service, 120 hours of imprisonment) is too unreasonable.

2. The judgment of the court below states that the damage amount of money and valuables by the defendant was not significant in size of the crime of conflict and fraud of this case; the defendant paid KRW 300,000 to the victim C of the crime of conflict and joint confinement of this case and to the victim F of the crime of attack, coercion and confinement of this case; the above victims do not want the punishment of the defendant; the victim S of the crime of fraud of this case stated that Q Q does not want the punishment of the defendant at the investigation stage; among the victims of joint injury of this case, the victim of the crime of this case expressed that Q Q does not want the punishment of the defendant at the court below; there was no record of criminal punishment until now; and that the defendant was a minor at the time of the crime of this case.

However, the crime of conflict, confinement, and coercion of this case was committed by the defendant by threatening C and F, which is the victims of whom he committed the crime of intimidation, taking money and valuables from them, taking them under confinement, and forcing the above F to do an act that is not obligated to do so, and thus, the nature of such crime is not good. The defendant committed the crime of this case by using a cellular phone taken by the victim C, and committed the crime of joint injury against the victim Q, etc., and the defendant committed the crime of attack, fraud, etc., and received juvenile protective disposition or disposition of suspension of indictment on several occasions.

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