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(영문) 서울동부지방법원 2016.01.21 2015노1463
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (six months of imprisonment) imposed by the court below on the summary of the grounds for appeal is unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant led to the confession and reflect of the instant crime; (b) the fact that the Defendant committed a contingent crime in the influence of alcohol; and (c) the fact that the victim of the instant crime did not want to punish the Defendant.

On the other hand, the defendant has been punished for the same kind of crime over several times, repeated the crime without being aware of it during the period of repeated crime, interfered with the business repeatedly, the degree of the crime is poor, there is no measure to recover damage, and the situation after the crime is poor.

In light of the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, motive, means, and result, etc. as shown in the argument of this case, the punishment imposed by the court below is too unreasonable.

3. In conclusion, 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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