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(영문) 부산지방법원 2018.05.03 2018노554
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one hundred months of imprisonment and collection) shall be too unreasonable in light of the gist of the grounds for appeal.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the total amount of damage to the crime of the instant attack is KRW 120,000,000, the total amount of damage to the crime of the instant attack is a small amount of KRW 120,00,000, the Defendant was

However, in light of the addiction of narcotics and the harm caused by the medication of narcotics, narcotics crimes need to be strictly punished and eradicated, and the defendant issued a phiphone to a third party.

The court below set a punishment by comprehensively taking into account the above circumstances, and there is no new change in circumstances that could change the punishment of the court below in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, family relation (which shall be supported), occupation, and past conviction (one-time imprisonment, one-time suspension of the execution of imprisonment, and three-time fines), as well as the scope of the recommended punishment according to the sentencing guidelines (the final sentencing range based on the increase of multiple offenses: October to December 20 and November 20), the sentence imposed by the court below is conducted within the reasonable scope of the discretion, and is not hot.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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