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(영문) 부산지방법원 2017.03.30 2017노211
공갈등
Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

Judgment

The circumstances favorable to the defendant are recognized, such as the fact that the defendant led to the mistake while making a confession of all the crimes of this case, and that the defendant was growing from the time of his birth to the family environment where it is difficult to obtain a proper decoration due to the parents' divorce.

However, the crime of this case was committed by deceiving victims by deceiving them by taking cash or telephone, etc. against her aged students or by posting an article to the effect that they sold goods on the Internet. In light of the background and frequency of the crime, the object of the crime, the method of the crime, and the amount of deception, the criminal defendant has no particular effort to recover victims' damage, and the criminal defendant has several records of receiving juvenile protective disposition for the same crime, such as attack, assault, fraud, etc., even though they were under suspension of execution due to sexual crimes, they repeatedly committed the crime of this case without being familiar with the victim even though they were under suspension of execution, in our Criminal Procedure Act, which takes the trial-oriented principle and direct care, it is reasonable to respect the sentencing determination where there is no change in the conditions of sentencing compared with the first trial court, and the first trial sentencing does not go beyond the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do365, Jul. 23, 2015; Supreme Court Decision 2015Do365, supra).

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