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(영문) 서울중앙지방법원 2015.08.20 2015노2121
공갈등
Text

Defendant

All appeals by prosecutors are dismissed.

The defendant shall be the sum of the proceeds of revolving and defraudation to the applicant for compensation.

Reasons

1. Summary of grounds for appeal;

A. When considering the various circumstances of the defendant, the sentence of imprisonment (two years of imprisonment and order to complete a program) of the court below is too unreasonable.

B. In light of the degree of damage, etc. of the instant case by the prosecutor, the sentence of the lower court is too uneasible and unreasonable.

2. The main content of the instant crime is to take pictures of the sexual intercourse with the victim living together without permission and take them over a large amount of money from the victim several times, and the nature of the crime is not very good in light of the method and result of the crime.

There is no recovery from damage up to the trial.

However, it should be considered that the defendant has no same power, that the defendant is against the defendant, and that the full amount of the damage claimed by the victim is recognized and the damage is repaid.

In addition, the defendant's age, character and conduct, power, environment, relationship between the defendant and the victim, motive, means and consequence of the crime, all of the sentencing conditions specified in the records and arguments of this case, including the circumstances after the crime, do not change compared to the original judgment. In full view of all the above circumstances, the original judgment's punishment seems appropriate (it cannot be deemed that the sentencing of the court below exceeded the reasonable scope of discretion), and the defendant and the prosecutor's allegation in this part is without merit.

3. According to the conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and since the application for remedy order by the applicant for compensation filed in the trial is well-grounded, pursuant to Articles 25(1)1 and 31(1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the defendant shall order the applicant for compensation to pay the sum of KRW 186,40,000 to the applicant for compensation, and a provisional execution is attached to the above compensation order pursuant to Article 31(3) of the same Act

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