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(영문) 서울동부지방법원 2017.04.28 2017노255 (1)
특수공갈
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) of this case’s sentencing conditions, the sentence of 6 months sentenced by the court below to the defendant is too unreasonable.

2. The instant case pertains to a case in which the Defendant, in collusion with E, AL, AM, or AO, destroyed beer disease, which is a dangerous thing, thereby threatening its musical owners and employees to 90,000 won of the drinking value.

The court below held that the defendant did not have any profits acquired under the conditions favorable to the defendant, and that such an act was performed in an intentional, systematic and repeated manner.

In light of the fact that it is not visible, the fact that the damage was repaid, and the fact that the damage was repaid, ② unfavorable circumstances, considering the attitude and contents of the crime of this case, the power of the defendant, etc., the crime was not good, and the possibility of criticism is high, the defendant was sentenced to imprisonment for six months.

In full view of the above circumstances, the lower court’s sentencing seems to have been appropriately determined by fully considering these factors.

On the other hand, the fact that the defendant used beer's disease, which is a dangerous thing, as a means of rupture and reflects the fact that the defendant used it as a means of rupture. However, in light of the overall contents of the crime, it does not seem that the above punishment

In the end, the defendant's argument of sentencing is not acceptable.

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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