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(영문) 부산지방법원 2018.09.06 2018노2264
공갈
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. On the summary of the reasons for appeal, the defendant asserts that the defendant is too unfasible with regard to the punishment sentenced by the court below (six months of imprisonment), and that the prosecutor is too unfased and unfair.

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant, as a result of the same crime, has served not only the imprisonment penalty (one time) and the fine (two times) but also the power of having been punished for violent crimes, and even several times of having been punished for the crime of this case, even though the crime of this case constitutes a same repeated crime, the Defendant cannot be held liable for the Defendant with severe liability corresponding thereto.

However, the defendant recognized the crime of this case and the injured person has not been punished for the defendant.

In addition to the above circumstances, if there is no new change in circumstances that could change the sentence of the court below in the above trial, and the sentencing conditions, such as the defendant's age, occupation, family relationship, and living environment, and the scope of the recommended punishment according to the sentencing guidelines are comprehensively considered, the sentence of the court below shall be appropriate, and it shall not be deemed unfair because it is too heavy or unfeasible.

3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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