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(영문) 대구지방법원 2018.05.18 2018노802
공갈
Text

1. The judgment below is reversed.

2. The defendant is sentenced to 7 months of imprisonment with prison labor for each of the crimes set forth in No. 1-A and No. 2 of the judgment below.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (each of the crimes of No. 1-A and No. 2 in the judgment of the court below: Imprisonment with prison labor for 7 months and No. 1-B in the judgment of the court below: imprisonment with prison labor for 3 months) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. We also examine the judgment and prosecutor’s improper claims for sentencing.

Each of the crimes of this case is acknowledged that the defendant threatened the victims who had known to the general public to harm them, and the crime of this case was committed more than 29.5 million won in total from the victims who drinking hot water, and that there is no good quality of the crime, the defendant had been punished several times for the same crime, and in particular, the crime No. 1 of the judgment of the court below among the crimes of this case committed during the period of suspension of execution, and the sentence of punishment is inevitable.

However, it is also recognized that the defendant made confession of all of the crimes of this case and reflects his mistake, the victims are paid the amount equivalent to the amount of damage, and agreed with the victims.

In addition, considering the defendant's age, sex, environment, family relationship, motive, background, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments after the crime, the sentence imposed by the court below is somewhat unreasonable.

3. In conclusion, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows (as long as the defendant's appeal is accepted with unjustifiable grounds for sentencing, the prosecutor's appeal shall not be dismissed separately). The summary of facts constituting an offense and evidence acknowledged by the court below is the same as the corresponding column of the judgment of the court below, except for the case where "the defendant's partial statement" in Article 7 of the "the summary of evidence" in the judgment of the court below is deemed to be "the defendant's trial statement at the court below".

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