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(영문) 인천지방법원 2016.07.13 2016노508
공갈미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. It is recognized that the defendant recognized the crime of this case for the first time in the judgment of the court, and is against the law, and that there is no punishment for the same crime.

However, in light of the contents and circumstances of the instant crime, the Defendant’s crime is not less complicated, and the Defendant did not agree with the victim until the trial in the first instance. In full view of all the following factors: (a) the Defendant’s age, sex, occupation and environment; (b) motive and background leading to the instant crime; and (c) circumstances after the instant crime, etc., the lower court’s punishment is too unreasonable even if considering the favorable circumstances of the Defendant, even if it is considered in light of the aforementioned circumstances favorable to the Defendant.

Therefore, we cannot accept the defendant's above assertion.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, provided that the court below’s “application of the law” in Article 319(2) of the Criminal Act is to add “Article 319(2) of the Criminal Act” to “Article 319(1) of the Criminal Act, and ex officio correction is made).

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