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(영문) 대구지방법원 2020.06.10 2019노1883
공갈
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). It is recognized that the Defendant shows an attitude against the Defendant to recognize and reflect the instant crime, and that there was no record of punishment for the same crime.

However, the Defendant did not recover from the victim’s name in the amount of 30,000 won, and the Defendant sought a reduction of fine on account of the circumstances that are not good health and are difficult to economic circumstances, but the lower court seems to have given a reduction of fine issued in a summary order by taking account of the aforementioned various circumstances, and there is no special change in circumstances that could reduce the sentence of the lower court when it comes to the trial.

In addition, considering all the factors of sentencing as shown in the records and arguments, such as the defendant's age, occupation, and criminal history, the sentence imposed by the court below is not heavy.

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

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