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(영문) 인천지방법원 2017.09.28 2017노2929
공갈
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and against whom the Defendant was committed, the victim committed the adultery with the husband of the Defendant, and there were circumstances to consider certain extent in the motive, deposited KRW 20 million for the victim, and did not have any record of criminal punishment.

However, the crime of this case was committed by the Defendant with the victim who was in in a bad relationship with her husband for six years. The frequency of the crime was 38 times, the amount of damage was 29.5 million won, and the defendant was a large amount of money, using public telephone with no contact address of the sender, leading the victim to telephone, and leading the victim to direct telephone with the victim rather than the victim's cell phone. Furthermore, the defendant started to demand more money as consolation money from the time when her husband died to demand a large amount of money from the victim as consolation money, and there was a need for a large amount of money. Considering the period and frequency of the crime of this case, the circumstance that the defendant left Korea from the Republic of Korea during the period of the crime of this case was not confirmed, it appears that the victim was suffering from considerable pain due to the crime of this case, and the defendant did not appear to have reached an agreement and punishment of the victim of this case, and the defendant did not appear to have reached an unfair motive for the crime of this case and the punishment of this case.

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