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(영문) 서울동부지방법원 2013.12.24 2013노1395
공갈미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, confiscation, and order to complete a sexual assault treatment program) is too unreasonable.

2. The judgment of the court below showed the attitude of the defendant when committing the crime in substitution with the investigative agency, the court below and the court of the trial, and the fact that the defendant agreed with the victim in the court below, etc. However, the contents of the crime in this case are hard to say that the victim had suffered considerable mental shock, such as dismissal in the workplace in this case. The sentencing of the court below seems to have taken into account all the favorable circumstances, and there is no change of circumstances that could vary from the above favorable circumstances, and considering all the circumstances in the records and arguments such as the age, character and character, environment, occupation, power, the circumstances, means and result of the crime in this case, etc., the sentence of the court below is too unreasonable.

3. Accordingly, 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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