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(영문) 부산지방법원 2013.11.14 2012노4119
공갈등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal argues that the court below sentenced the defendant to a fine of 4 million won, and the prosecutor asserts that the court below's punishment is too uneasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.

2. We examine both the judgment and the Defendant’s assertion of unreasonable sentencing in a lump sum.

In light of the fact that the defendant committed larceny in the past, despite the past record of juvenile protective disposition and criminal punishment, he/she took money several times against the victim C, who has a scarcity and mental disorder, and further, in light of the fact that the above victim's house infringed on the victim's house and stolen the object, it is necessary to impose severe punishment.

However, in full view of the following circumstances: (a) the Defendant was unable to adapt to the needy family environment, such as the Defendant’s growth at a high level without the care of his parents, and her parents’ age, and her early live together; and (b) committed each of the crimes of this case with poor money; (c) there are circumstances to consider the amount of damage; (d) the Defendant agreed with the victim C while obsing the Defendant’s serious mistake; (b) the Defendant was faithfully serving in the MHabu Company and thus, the risk of recidivism is likely to be considerably decreased; and (c) other conditions of sentencing indicated in the records, such as the Defendant’s age, character, conduct, and environment, it is reasonable to evaluate the sentencing of the lower court as appropriate.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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