logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2017.07.20 2017노868
공갈등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court by Defendant A is too unreasonable.

B. Each sentence (Defendant A: a fine of KRW 30 million, Defendant B: a fine of KRW 7 million) sentenced by the lower court to the Defendants is too uneased and unreasonable.

2. Determination:

A. As to the unlawful assertion of sentencing by Defendant A and the prosecutor, the crime of intimidation in this case is committed by the Defendant, who is obligated to endeavor to protect the environment, using the position of the environmental movement organization, and the amount of damage is at least 20 million won and has been committed over several times, and its nature and circumstances are not good, and the Defendant has a record of being punished once as a crime of intimidation, and in particular, even during the period of suspension of execution due to drug crimes, there are unfavorable circumstances, such as the fact that the Defendant committed the crime in this case.

On the other hand, there are favorable circumstances for the defendant, such as the fact that the defendant recognizes and reflects each of the crimes of this case, that all of the victims of this case agreed with the victims of this case does not want the punishment of the defendant, that the victims do not want the suspension of execution due to the same kind of crime, that it appears that the time of reflect was passed through the life of confinement for about six months, and that there was no criminal conviction or higher due to the

In full view of the following circumstances: (a) there is no special relationship or change of circumstances that may be newly considered in such circumstances and the trial; (b) the Defendant’s age, environment, sex, circumstances leading up to the commission of the crime, and circumstances before and after the commission of the crime; and (c) the sentencing conditions specified in the instant records and pleadings, the lower court’s punishment is too heavy or unreasonable.

B. As to the prosecutor’s improper assertion of sentencing against Defendant B, the crime of extortion in the instant case is not against the nature and circumstances as seen earlier, and the crime of violation of the Labor Standards Act did not pay approximately KRW 29 million to three workers. The amount is that the crime of violation of the Labor Standards Act was not paid.

arrow