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(영문) 울산지방법원 2019.05.23 2019노269
공갈등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal (one year of imprisonment, one year of confiscation) declared by the court below is too unreasonable and unfair, and the prosecutor asserts that it is too uneasible and unfair.

2. The decision of this case is that the defendant taken the image of his sexual intercourse with the victim who became aware of through Internet hosting, and then send the video image to the husband by borrowing that the victim is a female.

The nature of the crime is extremely bad, such as the content, pattern, etc. of the crime, as continuing to borrow money while threatening or threatening to spread money.

The victim seems to have suffered from a sudden pain such as uneasiness and flagying due to the continuous intimidation and abduction of the defendant.

In the past, the Defendant was sentenced to imprisonment with prison labor due to juvenile rape, fraud, etc., and even though there were a number of criminal records, the Defendant did not seem to have done the instant crime.

The above conditions are disadvantageous to the defendant.

On the other hand, the defendant seems to have recognized all the crimes of this case and divided his mistake.

In the lower court, the victims agreed to pay the full amount of damages and the victim did not want the punishment of the defendant. The mental health situation seems to be somewhat good, such as the use of glocks even at present due to the experience of being bullyingd from the Si/Gun/Gu in high school.

The mother of the defendant does not waive his or her parents living and is receiving education so that he or she does not repeat again twice, and appeal his or her wife.

The above is the favorable circumstances for the defendant.

In full view of the above circumstances favorable or unfavorable to the defendant, and the age, character and conduct, environment, and circumstances after the crime, etc. of the defendant revealed in the records and arguments, the sentence imposed by the court below is too heavy or too uneasible.

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