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(영문) 수원지방법원 2013.07.15 2013노1872
공갈
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment follows: (a) the Defendant had been punished several times due to the crime of attack in the same kind; (b) the Defendant was sentenced to imprisonment with prison labor for six months in Suwon District Court in the case of Suwon Branch of the Suwon District Court on June 8, 2011, with prison labor for two years in suspension of execution and probation; and (c) for 200 hours in community service during the period of suspension of execution, and was sentenced to a court order on August 7, 2012; and (d) again committed the instant crime even if he was sentenced to a fine of KRW 1,50,00 won in the case of assault and attack; (b) the Defendant committed the instant crime again, despite having been sentenced to a fine of KRW 25,200 in the same court on August 7, 2012; and (c) the Defendant committed the instant crime by repeating the victims under the age repeatedly over several times, thereby making efforts to recover damage to the Defendant at all at a disadvantage to the Defendant.

However, there are extenuating circumstances, such as the fact that the defendant repents the defendant's wrong, the amount of damage caused by the crime of this case is not relatively large, and the defendant's health condition and family form seems not good.

In light of the above various circumstances, considering the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., the lower court’s punishment is adequate, and cannot be deemed as excessive or unreasonable, and thus, each of the above arguments by the Defendant and the prosecutor cannot be accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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