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(영문) 대법원 2014.12.11 2014도13248
폭력행위등처벌에관한법률위반(상습공갈)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the circumstances revealed in the records, such as the background leading up to each of the crimes in this case, the method of crime, the behavior of the defendant before and after the crime, and the circumstances after the crime, etc., it cannot be deemed that the defendant had a mental and physical state at the time of each of the crimes in this case, and therefore, there is no illegality of not

In addition, there is an error of law in the misapprehension of legal principles as to the judgment of the court below's incomplete hearing or sentencing.

The argument to the effect that punishment or punishment is too unreasonable is ultimately an argument of unreasonable sentencing.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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