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(영문) 광주지방법원 2015.09.10 2015노165
공갈등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

Summary of Grounds for Appeal

A. The Prosecutor’s sentence of imprisonment (six months of imprisonment and fine of three million won) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

Judgment

There are two different types of criminal records, including the defendant's punishment, and in particular, the fact that the defendant has been sentenced to a prison term of four months for the same crime and has been sentenced to a prison term of 4 months for the same crime and has started to stop each of the crimes of this case at the same time without being aware of only one month, and that the victim due to repeated crimes of the defendant has many six persons, and even though the defendant has not made any effort to recover damage, it is an unfavorable sentencing factor.

On the other hand, considering the following factors: (a) the Defendant acknowledges all of his mistake; (b) the amount of the Defendant’s compromise is not a large amount; and (c) the fact that each of the crimes of this case is to be judged simultaneously in a concurrent crime relationship with the previous conviction of the lower judgment and the latter part of Article 37 of the Criminal Act; and (d) other factors of sentencing as indicated in the pleadings, such as the background of the crime of this case; (b) circumstances after the crime of this case; (c) the Defendant’s age, character and conduct, and environment, etc., the Defendant’s punishment is too heavy or unreasonable; and

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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