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(영문) 대전지방법원 2016.02.05 2015노3709
공갈등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the Defendant (unfair sentencing) sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence imposed by the lower court against the Defendant is too unfasible and unfair.

2. We also examine the argument that the Defendant and the prosecutor’s sentencing are unfair.

The fact that the defendant led to the crime of this case and reflects his mistake, and that the money that the defendant led to a relatively small amount of money is relatively small is favorable to the defendant.

On the other hand, the defendant committed serious intimidation, threat, disturbance of business, and interference with various business places, and thus the nature of the crime is not very good, the victims seems to have suffered serious mental suffering, and the defendant again committed the crime of this case during the period of repeated crime due to the same crime even though he had a history of criminal punishment, including a prison term of punishment, even though he had been sentenced to multiple criminal offenses related to violence, and the defendant seems to have committed the crime of this case again during the period of repeated crime due to the same crime.

In addition to the above circumstances and motive leading up to the crime of this case, the circumstances after the crime of this case was committed, the defendant's age, sexual conduct, family relationship, occupation, etc. and the circumstances constituting the conditions for sentencing as shown in the oral arguments, there is no change in circumstances to determine different from the original judgment and the punishment, and each interference with the business of obstructing the business of the sentencing criteria for the enactment of the sentencing guidelines by the Supreme Court [the scope of recommendation] and the basic area (referring to six months to one year), the basic area (referring to a person subject to special sentencing) [the scope of recommendation] (referring to a person subject to special sentencing] of the basic area (referring to a person subject to six months to one year), the basic area (referring to a period from six months to one year) [no person subject to special sentencing] of the basic area (referring to a person subject to recommendation] [the scope of punishment] of the crime of intimidation under Article 1 (General Intimidation [the basic area of imprisonment for two months to one year].

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