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(영문) 서울동부지방법원 2015.05.21 2015노392
폭력행위등처벌에관한법률위반(상습공갈)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for the defendant and one year and six months, which the court below sentenced against the defendant, is too unreasonable.

2. There are extenuating circumstances such as the confession of all the crimes and the misunderstanding of errors, the fact that health conditions are not good through the climatics and the operation of workplace cancer, the relatively small amount of each revolving, and the fact that the Defendant agreed with the victim.

However, in light of the fact that the Defendant had been punished by imprisonment or a fine, etc. over several times, including the same type of crime, the Defendant continued to borrow money from the victim for a year, and the nature of the crime is not less than that of the victim. The instant crime is imprisonment with prison labor for more than three years, and one year and six months, which was sentenced by the court below, is the maximum within the scope of the statutory punishment that has been sentenced to discretionary mitigation, and other conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., as well as the circumstances after the crime, it is appropriate for the court below to have imposed the Defendant, and it does not seem that the amount of

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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