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(영문) 부산지방법원 2017.01.20 2016노4416
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (2016 altitude 3272: Imprisonment with prison labor for 2 months, 2016 altitude 523: Imprisonment for 6 months) is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant’s mistake reflects the Defendant’s fault; (b) the Defendant’s punishment L will make efforts to prevent recidivism; (c) the equity between the case where the judgment is rendered concurrently with the obstruction of business affairs for which the judgment became final and conclusive; and (d) the Defendant’s deposit of KRW 30,000 for the victim H in the trial of the Party.

However, in full view of the fact that the defendant has been punished for the same crime, that the defendant committed an injury without being aware of even though he was under the period of probation, that the defendant did not agree with the victims, that there is no special circumstance or change of circumstances that can be newly considered after the decision of the court below, and that there are other various sentencing conditions that are shown in the records and arguments, such as the age, character and character environment of the defendant and the circumstances before and after the crime, it is too unreasonable that the sentence of

Therefore, the defendant's argument of sentencing is without merit.

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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