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(영문) 부산지방법원 2017.08.25 2017노1929
공갈등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each punishment sentenced by the court below (the crime No. 1 of the judgment below: imprisonment with prison labor for one month and the remaining crimes in the judgment: imprisonment with prison labor for eight months) is too unreasonable.

B. Each of the above types sentenced by the court below by the prosecutor is too unhued and unfair.

2. As to each of the unlawful arguments of sentencing by the defendant and the prosecutor, it is recognized that the defendant was sentenced to a fine over three hundreds of times, suspension of execution, and punishment for the same crime, and that most of the crimes of this case were committed without being aware of the period of suspension of execution due to the same crime, and that most of the crimes of this case were committed in light of the form of each of the crimes of this case, the method of each of the crimes of this case, and the method and frequency of each of the crimes of this case, and that most of them were not agreed with the victim, etc.

However, considering all of the sentencing conditions specified in the pleadings of this case, such as the defendant's age, sex, environment, motive, means and consequence of each of the instant crimes, the sentence imposed by the court below is deemed appropriate, and it cannot be deemed that the sentence imposed by the defendant is too heavy, too heavy, or is unfair because it is too excessive, when considering all of the sentencing conditions specified in the pleadings of this case, such as the circumstance after the crime, etc., when it is judged that the sentence imposed by the court below is appropriate, when it is judged that the sentence imposed by the defendant is appropriate, and that the amount of individual damage is not significant, when the victim agreed with U on May 1, 2016.

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

3. As such, the appeal filed by the defendant and the prosecutor is without merit. Thus, the appeal filed by the defendant and the prosecutor is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Provided, That the judgment of the court below No. 1-C. 1 of the

The phrase “ February 1, 2017.2” of Paragraph 1 is apparent that it is a clerical error in the phrase “ February 21, 2017.” As such, Article 25(1) of the Regulation on Criminal Procedure is applicable.

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