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(영문) 서울중앙지방법원 2016.07.15 2016노1584
공갈등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The first deliberation penalty (one-year imprisonment) on the summary of the grounds for appeal is too unhued and unreasonable;

2. The Defendant committed the instant crime again during the period of repeated crime, even though he had been punished five times by imprisonment or a fine for the same type of crime, and the instant crime was committed by the Defendant by misrepresenting a police official, and was committed in relation to the attempted attempt of the victims by threatening the victims, or by threatening the victims, and is not good in light of the method of the relevant crime, etc.

However, considering the fact that the defendant is led to confession, that the injured person does not want the punishment of the defendant in the first instance trial by agreement with the victim D, and other various circumstances, such as the motive and circumstances leading to the crime of this case, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., and the sentencing conditions as shown in the theory of changes, it is not recognized that the first instance sentence is too unafford and unfair.

Therefore, the prosecutor's above assertion is without merit.

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

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