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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence (6 months of imprisonment and confiscation) imposed by the court below on the defendant is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. We examine the reasoning of the judgment and the prosecutor together.
The defendant showed his attitude that the victim was frightened as he was his organized violent crime, and that the victim's family members were harming the victim's family members, and he received property worth KRW 7 million in total and acquired property profits equivalent to KRW 20 million in the market price.
The nature of crime is not good in light of the contents of such intimidation and the size of money and valuables taken over.
Although the Defendant was punished several crimes including violence, the Defendant committed the instant crime without being able to commit the repeated crime during the period of the repeated crime.
Such circumstances are disadvantageous to the defendant.
On the other hand, the defendant confessions all of the crimes of this case and reflects his mistake.
The Defendant’s wife suffered damage by investing funds, such as himself, family members, and branch members, in an illegal door-to-door sales business that he operated by the victim, near to KRW 100 million. The instant crime was committed in the process of seeking the return of the above amount of damage, and the motive for the crime is somewhat different.
The defendant returned all the goods taken by the victim to the victim, and later agreed on the condition that the victim is not charged with civil or criminal liability related to illegal door-to-door sales business.
Such circumstances are favorable to the defendant.
In full view of the above circumstances disadvantageous to or favorable to the defendant, there are no special circumstances or changes in circumstances that may be newly considered in sentencing in the appellate court, and other factors of sentencing, including the defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, the court below sentenced the defendant to the punishment.