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(영문) 대전지방법원 2016.08.24 2016노1460
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. It is recognized that there are favorable circumstances, such as the fact that the Defendant was taking time to commit the instant crime, the partial commission of the instant crime was committed, and the employee’s failure to pay wages, etc., led to the instant crime, and there are circumstances to be considered in the course of committing the instant crime.

However, according to the circumstances such as the fact that the Defendant was taking over or withdrawing from a prison, the Defendant did not agree with the victim, the damage was not fully repaid, and the Defendant committed the instant crime even though he had been punished several times, such as violent crimes, etc., it is inevitable to punish the Defendant with severe punishment.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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