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(영문) 부산지방법원 2016.09.08 2016노953
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the original court in the summary of the grounds for appeal (two years of imprisonment with prison labor for eight months and two years of probation, and one hundred and twenty hours of community service order) is too unreasonable.

2. It is recognized that there are circumstances that should be considered as reasons for sentencing favorable to the defendant, such as: (a) the defendant did not want the punishment of the above victim under an agreement with the victim G at an investigative agency; (b) deposited KRW 2 million in the victim E and D; and (c) the defendant recognized the entire crime of this case when the defendant was in a trial; and (d) the defendant took the attitude of reflecting it; and (c) the defendant did not have any particular criminal power,

However, the following should also be considered in the sentencing of the instant case: (a) the Defendant’s specific form and degree of danger and injury, such as causing injury to, or threatening a female victim, who is a female victim D, etc.; (b) the Defendant did not reach an agreement with, the victim E and D; and (c) the Defendant did not have any dispute with the said victims; and (d) the Defendant made a speech or behavior to threaten the said victims even during the investigation.

Considering the above circumstances and the overall circumstances such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment sentenced by the court below is determined to be within the proper scope of sentencing discretion.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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