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(영문) 광주지방법원 2017.03.09 2016노4360
상습공갈
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The following facts are favorable to the Defendant.

In the first instance, the defendant led to the confession and reflect on the crime of this case.

At the original trial, the victims do not want punishment of the defendant by mutual consent between the victims and the victims.

The amount of damage is relatively small.

On the other hand, the following is disadvantageous.

In light of the applicable law of the instant crime, the nature of the crime is not good.

The frequency of the instant crime reaches four times.

Even in 205 and 2011, the Defendant has been punished for the same kind of crime, and in particular, in the case of the crime of 2011, the crime of this case and the method thereof are the same.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the lower court’s punishment is too heavy or is not deemed unfair, and thus, the Defendant and the Prosecutor’s assertion are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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