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(영문) 인천지방법원 2015.04.03 2015노590
공갈미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (4 months of imprisonment).

2. The judgment of the defendant recognized the crime of this case and reflects it, the fact that the crime of this case was committed against the attempted crime, the fact that the defendant paid KRW 500,000 to the victim with the drinking value, etc. is advantageous, but the defendant committed the crime of this case without being aware of it even though the defendant was a repeated crime period. The crime of this case did not make the victim by intimidation, but did not pay the drinking value, and the crime is not good, and the defendant was punished several times for a similar crime.

In addition, in full view of all the circumstances, such as the character and conduct of the defendant, the environment, the relationship with the victim, the motive, means and result of the crime of this case, the circumstances after the crime, etc., and the sentencing conditions stated in the records, the sentence imposed by the court below against the defendant is deemed appropriate.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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