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(영문) 수원지방법원 2013.09.26 2013노1969
공갈등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds for appeal of this case, the sentence of the lower court against the Defendants (the imprisonment of October, the suspended sentence of two years, the order of 40 hours, the order of 200 hours, the community service, confiscation, and the defendant B: the imprisonment of six months, the suspended execution of two years, and the community service of 120 hours) is deemed to be too uneasible and unreasonable.

2. Determination

A. Defendant A’s use of personal information for an improper purpose to identify another person’s personal information by taking advantage of the police officer’s status, taking advantage of the police officer’s position as a police officer, the act of purchasing sexuality by juveniles, and taking money out to commit the instant crime, and the nature of the crime is very poor.

However, in full view of all the sentencing conditions, including the Defendant’s age, character and conduct, environment, and circumstances after the crime in this case, the lower court’s punishment against the Defendant is too uneasy and unreasonable, considering the following factors: (a) the Defendant was detained for a considerable period in the first instance court for a considerable period; (b) the victim H and the juvenile subject to sexual traffic; and (c) the Defendant

B. It is recognized that Defendant B’s repeated sending of text messages that may seriously harm the peace of private life to a debtor in the course of collecting claims and assault and intimidation of a debtor is highly poor in light of the nature of the crime in light of the relevant criminal law, and the transfer of the means of access used in electronic financial transactions, such as a deposit passbook, may cause harm to the stability and reliability of financial transactions.

However, there are all kinds of circumstances such as the age, character and conduct, environment, motive and circumstance of the crime, circumstances after the crime, etc. of the defendant, including the fact that the defendant's mistake, the victim U did not want the punishment of the defendant by attending the court below as a witness, and the defendant's wife wanted to be punished in the trial.

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