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(영문) 서울중앙지방법원 2015.03.26 2015노441
폭력행위등처벌에관한법률위반(공동공갈)
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of one year.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. The sentence that the court below sentenced the Defendants to the defendants (the defendant A: imprisonment of one year and two months, and imprisonment of one year) is too unreasonable.

B. The sentence that the court below sentenced the Defendants as above is too unfasible and unfair.

2. We also examine the Defendants’ assertion on the grounds for appeal and the prosecutor’s argument.

The Defendants distributed the video images of the victim’s sexual scam on the Internet, and then threatened the victim with serious harm to the honor of the victim, who is a human artist, thereby inducing the victim to withdraw KRW 5 billion. The victim suffered significant mental and economic damage due to criticism public opinion, etc., which is disadvantageous to the Defendants.

However, in full view of the following circumstances and other various circumstances, including the Defendants’ age, character and conduct, environment, details, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, and the sentencing conditions indicated in the records, it is deemed that the sentence imposed by the lower court against the Defendants is too unreasonable.

The victim expressed his intention that he does not want to punish the Defendants in the past.

The instant crime was attempted.

Defendants were detained in prison for six months, and were able to reflect misunderstanding in depth.

All the Defendants are the first offender.

There is no aspect that the victim first provided funds for the crime of this case, such as sexual chilling against the Defendants ageed.

Therefore, the above assertion by the Defendants is reasonable, but the prosecutor's above assertion is without merit.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal for the conclusion is with merit, and the following decision is delivered

Although there is no reason to file an appeal by the public prosecutor, as long as the judgment of the court below is reversed due to the reasons for the appeal by the Defendants.

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