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(영문) 인천지방법원 2017.12.15 2017노2920
공갈등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine all of the arguments regarding unfair sentencing by the Defendant and the Prosecutor.

The circumstances are favorable to the defendant, such as the fact that the defendant's mistake was recognized and reflected late, that the amount of damage to property and the degree of damage to the victim of the injury caused by the crime of each of the crimes in this case is not so significant, that a considerable number of victims have agreed with the defendant or that the defendant has not been punished.

On the other hand, even though there are many victims of each of the crimes in this case and there are many other criminal records causing damage to ordinary people, it is difficult to conclude that each of the crimes in this case was contingent crimes due to similar methods to commit each of the crimes in this case and attempted crimes of this case during the suspension of execution, even though there are many criminal records causing damage to ordinary people, it is difficult to conclude that it is contingent crimes against the defendant.

In full view of the above circumstances and the facts that there is no particular change of circumstances that could be considered in sentencing after the judgment of the court below, and other various conditions of sentencing as indicated in the records, such as the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, and circumstances after the crime, the lower court’s punishment is too heavy or is deemed unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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