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(영문) 창원지방법원 2017.02.09 2016노3328
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of three months and the fine of one million won) is too unreasonable.

2. We examine the judgment: (a) when the defendant was in the first instance, the defendant made a confession of all the crimes and made it against the victim; (b) the agreement is reached with the victim; (c) the disabled in the second degree of disability; (d) the total amount of damage is relatively small in the amount of KRW 100,000; and (e) the equity in the case of concurrent judgment with the case of a violation of the Road Traffic Act, which became final and conclusive, is a favorable sentencing ground; (c) the same victim has committed a repeated crime against the same victim for about 2 months; (d) the victim has committed a repeated crime against the same victim for 33 times; and (d) the crime has been committed during the period of repeated offense due to this type of crime.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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