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(영문) 의정부지방법원 2016.01.28 2015노3014
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 (one year of imprisonment) is too unreasonable.

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

2. Determination

A. The defendant led to the confession and reflect of each of the crimes of this case, agreed with the victims, and the victims wanted to leave the defendant's wife, and did not repeat the crime.

It is favorable to the defendant. The fact that there is a family member to support, and there is a family member to support.

B. However, the Defendant had been sentenced to imprisonment with prison labor for a year and six months for the commission of organized violence, and had the victims who singing and singing points pay money for protection expenses, etc., or interfere with his business. In light of the motive, means, etc. of the crime, the crime was not very good, and there was a total of 18 criminal records, as well as several criminal records (two times of actual punishment, fine eight times of suspension of execution, one time of suspended execution execution). In particular, in 2006, the Defendant had been sentenced to imprisonment with prison labor for a period of one year and six months, and one year and six months, and one year and six months of imprisonment with prison labor for the commission of violence during 207 and three years of suspended execution, etc., which are disadvantageous to the Defendant.

(c)

In full view of various circumstances, such as the Defendant’s age, sex, environment, and the content of the instant crime, etc., as seen above, the sentence imposed by the lower court on the Defendant is deemed appropriate, and it does not seem unfair because it is too minor or unreasonable.

(d)

Therefore, the above argument by the defendant and the prosecutor is without merit.

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

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