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(영문) 울산지방법원 2013.05.03 2013노134
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment) is too unreasonable.

2. The following facts are considered as follows: (a) the Defendant recognized all of the instant crimes; (b) paid KRW 1 million to the victim G for the recovery of damage; and (c) the Defendant’s attacking KRW 48 million to the victim G for the attempted crimes are considered as favorable to the Defendant.

However, considering the following circumstances: (a) each of the instant crimes committed by the Defendant committed the instant crime by taking advantage of the difficult circumstances of the victims who caused the Defendant’s sexual intercourse to be known to his spouse; (b) in light of the method of the crime; (c) the Defendant committed the instant crime without having been committed during the period of repeated crime; (d) the Defendant did not agree with the victims; and (e) did not completely recover from the damage; and (e) other circumstances that are conditions for sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, and circumstances after the crime, etc., the lower court’s sentencing seems appropriate.

(3) The defendant's appeal on the following grounds: (a) all of the crimes of this case are recognized; (b) while the defendant appealed on the sole ground of unreasonable sentencing, he appears to have asserted that the part of the attempted attack is not guilty; (c) however, his argument is not concrete; and (d) even if it is deemed that the part of the attempted attack is not guilty, according to the evidence of the court below's decision, it is sufficiently recognized that the defendant's appeal is guilty.

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