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(영문) 서울중앙지방법원 2018.01.26 2017노4449
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is favorable to the defendant, but the defendant has been punished at least 20 times for the same crime (at least five times for actual punishment). In addition, there is no special change in circumstances that may change the punishment of the court below, such as that the defendant led to a confession of the crime of this case and reflects the fact that he/she again committed the crime of this case during the period of repeated crime of the same kind.

Considering the above circumstances and the various conditions of sentencing as shown in the records and arguments of this case, the lower court’s punishment is too unreasonable.

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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