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(영문) 인천지방법원 2013.04.26 2013노458
폭력행위등처벌에관한법률위반(상습협박)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

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

2. In light of the following circumstances: (a) the Defendant and the Prosecutor’s assertion that the instant crime was committed together; (b) the Defendant recognized all the instant crime and against his mistake; (c) the Defendant additionally paid KRW 11 million to the victim and agreed with the victim; and (d) the instant crime was committed in a manner that the Defendant sent the victim several times the text messages and video taken to the victim’s sexual intercourses with the victim to the effect that the victim would inflict bodily harm on the victim or disrupt the relationship with the victim’s family; and (b) the Defendant sent the victim’s sexual intercourses with the victim on several occasions; (c) the nature of the crime was extremely poor; (d) the victim was suffering from mental suffering from the Defendant’s above act; (e) the amount paid by the Defendant to the victim as agreed upon was paid by the victim; and (e) the Defendant paid additional money to the victim; and (e) the Defendant’s age, family environment, and circumstances after the Defendant’s crime was committed; and (e) the Defendant’s argument that the Defendant and the Defendant’s additional sentence were too unreasonable or acceptable.

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

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the phrase "1. concurrent crimes" among the "application of the statutes" in the judgment of the court below is deleted, and ex officio correction is made.

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