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(영문) 인천지방법원 2017.09.01 2016노2671
공갈등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (for Defendants, two years of suspended sentence in August and one hundred and twenty hours of community service order in 120 hours) declared by the lower court is deemed to be too uneasible and unfair.

2. The Defendants, who have been employed by the victimized company, should be given the opportunity to have the cash sales data as an employee, and reported this to the tax office.

The defendant B embezzled the work cost of the victim's possession of the victim's business for personal purposes, such as living expenses.

Although the crime of this case seems to have considerable economic damage and mental suffering caused by the crime of this case, the defendants did not receive a straw from the injured party until now, and did not complete recovery of the damage.

Such circumstances are disadvantageous to the Defendants.

On the other hand, the defendants recognized the crime of this case and against their mistakes, and the defendant A deposited 7 million won for the victim in the trial.

Defendant

Part of the crime A's attacked by Defendant B was committed with attempted crimes.

Defendant

A is an initial crime with no record of crime, and Defendant B has no record of crime except that he has been sentenced to a fine twice through a crime related to violence.

Such circumstances are favorable to the Defendants.

In full view of the following circumstances: (a) the principle of equity in punishment for crimes similar to the instant crime; (b) the Defendants’ age, sexual conduct; (c) the environment; (d) motive, means, and consequence of the instant crime; and (e) the circumstances after the commission of the crime; and (e) the sentencing conditions as shown in the instant records and arguments, the sentence imposed by the lower court cannot be deemed as unfair because

Therefore, prosecutor's assertion is not accepted.

3. As the appeal against the Defendants by the prosecutor of the conclusion is groundless, all appeals are made in accordance with Article 364(4) of the Criminal Procedure Act.

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