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(영문) 광주지방법원 2015.08.12 2014노3163
공갈
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for eight months of imprisonment and two years of suspended sentence, and probation) is too unhued and unreasonable.

2. In light of the above circumstances, such as the fact that the defendant committed a crime by taking advantage of the status of a press organization, and the fact that the victim seems to have suffered considerable mental pain, etc., but on the other hand, the defendant recognized the crime and reflects the fact that the defendant was arrested with the police officer who was waiting in the place where the crime was committed, and the defendant was confiscated at the scene of the crime, and the total amount of KRW 10 million was returned to the victim, and deposit KRW 1 million for the victim. In addition, the court below's punishment is not deemed to be unfair, taking into account the circumstances leading to the crime in this case, the circumstances after the crime in this case, the defendant's age, character and conduct, and environment, and other various sentencing conditions shown in the argument in this case, such as the circumstance of the crime in this case, the court below's punishment

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

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