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(영문) 대구지방법원 2014.02.07 2013노2564
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, one year of suspended execution, two years of suspended execution, and probation) of the lower court is excessively unreasonable.

2. It is recognized that the defendant is responsible for his family's livelihood in a situation where it is economically difficult to determine, that there is no actual economic damage due to the full return of the money received by the taxi and the defendant, that there is no punishment of the defendant under the agreement with the victim corporation D, K, J, N, and N, and that the defendant's health is not good.

However, considering the following circumstances: (a) the same criminal records and criminal records are 17 times (one actual punishment, two times of suspension of execution, and nine times of fines) and (b) the Defendant demanded money by doping to report and crack down down on a street store that makes it difficult to maintain a livelihood in the case of fraud and attempted fraud; and (c) the nature of such crime is not good; and (d) the Defendant’s character and conduct, the motive, means and methods of the instant crime, and the circumstances after the crime, the sentence of the lower court is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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