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(영문) 인천지방법원 2013.09.06 2013노1851
공갈등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year of imprisonment) against the Defendant is too heavy or unreasonable.

2. The reasoning of the judgment and the prosecutor together with the Defendant’s assertion that the Defendant committed each of the instant crimes, the Defendant recognized the Defendant to commit each of the instant crimes, the Defendant did not have any record of punishment exceeding the fine, and the total amount of damage caused by the instant attack and the fraudulent crimes was not so large, and the Defendant’s confession and the occurrence of legal grounds for mitigation occurs, etc. are favorable to the Defendant.

On the other hand, however, the defendant took the drinking value, etc. through several times by taking advantage of the weak points of the victim's singing room business operators, or obtained the victim's AJ by deceiving alcohol and scam, and by coercioning the victim's 's 's 's 's 's 's 's 's 's 's '' and 's 's 's '' was committed by force, and made the victim's 's 's 's 's '.' In light of the contents and degree of each of the above crimes and the 's 's 's 's 's 's 's 's 's 's 's '',' the defendant has been punished several times due to the same kind of crime, did not agree with the victims until the trial

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

(However, as long as the judgment of the court below is accepted by the prosecutor's appeal and reversed, the defendant's appeal shall not be dismissed separately from the disposition). The summary of facts constituting an offense and evidence acknowledged by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with

Application of Statutes

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