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(영문) 광주지방법원 2014.12.26 2014노2760
공갈
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below against the prosecutor's defendants (the defendant A: imprisonment of 4 months, the defendant B: the fine of 3 million won) is too unhued and unfair.

B. Defendant A’s punishment is too unreasonable.

2. The crime of this case was committed in a manner that the defendants misrepresented the newspaper reporter to report the victims about the violation of the law by threatening them to commit the crime of this case, and the quality of the crime is not good in light of the Criminal Procedure Act, etc., and there are many criminal records against the defendants (in particular, there are many same criminal records, such as the crime of fraud and conflict), and even if they were committed a repeated crime, they committed the crime of this case without being aware of the fact that they committed the crime of this case without being able to do so.

On the other hand, the defendants appear to have recognized the crime of this case, and the defendant B returned the proceeds to the victim R prior to the commencement of the investigation. The above victim and the court below agreed to do so, and the defendant A deposited KRW 2 million for the victim G and KRW 1 million for the victim L respectively in the court below, and the above victims and the above victims have agreed to do so.

In light of the above circumstances and other sentencing conditions as seen in the instant case, such as the Defendants’ age, character and conduct, environment, the background and consequence of the instant crime, frequency of the crime, and the circumstances after the crime, it is not acknowledged that the lower court’s punishment against Defendant A is too heavy or unreasonable, and it is not deemed that the lower court’s punishment against Defendant B is too uneasible and unreasonable. Therefore, the above assertion against the Defendants by Defendant A and the Prosecutor is without merit.

3. In conclusion, since the appeal against the defendants A and the prosecutor is without merit, all of them are dismissed in accordance with Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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