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(영문) 부산지방법원 2016.07.21 2016노1096
공갈등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment, two years of suspended execution, and 120 hours of community service) on the gist of the grounds of appeal is too unfluent and unreasonable.

2. The crime of this case is a situation unfavorable to the Defendant, in which the crime of this case was committed by taking advantage of or defrauding the victim, who gets involved in the sexual intercourse, by means of deception, etc., as if it would be fluencing the fact of sexual intercourse, and the nature of the crime is not good, and the fact that the victim was unable to take advantage of the victim E who was the most serious damage to the trial of the party, etc.

However, considering the following factors: (a) the Defendant led to the confession of the instant crime; (b) the Defendant agreed with the victim H, and appears to have made efforts to recover damage, such as deposit of KRW 13 million for the victim E; (c) the Defendant did not have any criminal record for the same kind of crime; and (d) other factors of sentencing, such as the Defendant’s age, sexual conduct, environment, background leading to the commission of the crime; (b) the means and method of the crime; and (c) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too un

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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