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(영문) 수원지방법원 2014.10.16 2014노4525
폭력행위등처벌에관한법률위반(상습공갈)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is only taking into account the facts that the defendant led to confession and reflects the crime of this case. However, the defendant repeatedly committed the crime of this case against many victims by the same veterinary method; the defendant has been punished for the crime of fraud due to similar veterinary methods; the crime of habitually committing the crime of this case falls under Article 2(1)3 of the Punishment of Violences, etc. Act and Article 350(1) of the Criminal Act and the statutory punishment is three or more years of imprisonment; even in this case where there are no other grounds for mitigation, the punishment of the above crime falls under the minimum sentence of imprisonment with prison labor for more than one year and six months; and there are no special circumstances or circumstances that can be considered in sentencing after the sentence of the court below; and considering various circumstances that are conditions for sentencing such as the age-oriented environment of the defendant, the court below's assertion is not acceptable.

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 groundless. It is so decided as per Disposition

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, Article 2(1)2 of the Act on the Punishment of Violences, etc. is applicable to the Act on the Punishment of Violences, etc., and Article 2(1)3 and 7 of the Punishment of Violences, etc. Act, and Article 2(1)3 of the Act on the Punishment of Violences, etc., attached Table 3 and 7 of the List of Crimes, and Article 25(1)3 of the Rules on the Punishment of Violences, etc. shall be amended to “204.”

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