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(영문) 창원지방법원 2016.10.12 2016노1944
상습공갈등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The defendant and the prosecutor's arguments are examined together.

The fact that the defendant is recognized as committing the crime of this case and is against the law, and the degree of conflict and obstruction of business among the crimes of this case is not significant, but it is advantageous to the fact that the amount of theft damage is a small amount.

On the other hand, the crime of this case is committed in a very rough manner, such as repeatedly obstructing the business of the defendant at the convenience stores in the region in which he resides, and arbitrarily eating alcoholic beverages and food, etc., with no effort to reach an agreement with the victims, and the defendant has the record of having been punished several times for the same crime, and is committed again during the period of repeated crime.

In full view of the above circumstances and the Defendant’s age, character and conduct, family environment, motive and circumstance of the crime, the means and consequence of the crime, and other various circumstances that form the conditions for sentencing, such as the circumstances after the crime, the punishment imposed by the lower court cannot be deemed too heavy or less.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and 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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