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(영문) 수원지방법원 2021.02.05 2020노6405
공갈미수등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The main point of the appeal is that the court below's punishment (eight months of imprisonment) is too heavy or (the defendant) is too heavy.

Judgment

The Criminal Procedure Act of Korea, which takes the principle of trial-oriented and directness, has a unique area for the determination of sentencing, there is no change in the conditions of sentencing compared to the first instance trial, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence by comprehensively taking into account the circumstances favorable to the Defendant and unfavorable circumstances as stated in its holding, and appears to recognize and reflect each of the crimes of this case, and the criminal attack committed by the Defendant was committed on the grounds of appeal, including the following: (a) the circumstance alleged by the Defendant and the Defendant did not know about the period of repeated offense; and (b) the fact that the victims did not receive a letter from the victims; and (c) there is no special change in the sentencing conditions of the lower court for the first instance trial.

In full view of the above circumstances, the Defendant’s age, sex, environment, family relationship, health status, crime history and contents in an investigation agency and court, attitude in the investigation agency and court, crime quality, motive, means and consequence of the crime, and circumstances after the crime, and other circumstances constituting the conditions for sentencing as shown in the lower court and the party’s oral argument, the lower court’s punishment against the Defendant is too heavy or unreasonable as it goes beyond the reasonable scope of its discretion.

In conclusion, since each appeal of this case by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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