logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2016.04.08 2016노426
공갈등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

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

2. The crime of extortion of this case is an unfavorable circumstance to the defendant, such as the following: (a) the defendant threatened the victim by transmitting the victim's her body photograph to his or her father, etc. by threatening the victim's 30 million won; (b) the nature of the crime is considerably insufficient in light of the method of crime, its content, and the degree of damage; (c) it is not yet agreed with the victim; (d) the blood alcohol concentration level is considerably high to 0.167%; (e) the risk of drinking driving is realized due to the occurrence of a traffic accident; and (e) the fact that the defendant committed each of the crimes of this case without being aware of the suspension period of execution due to fraud.

However, in light of the fact that all of the crimes of this case were recognized by the defendant and the relation with the victim, there are some circumstances to take into account the background of the crime of this case, deposit KRW 5 million for the victim, there was no record of punishment for the crime of conflict before the case, support for the young child, etc., and other favorable circumstances, such as the defendant's age, sex, sex, environment, method, method and circumstance of the crime, relationship with the victim, circumstance after the crime, criminal record and family relation, etc., the punishment imposed by the court below cannot be deemed unfair because it is too excessive or too heavy or unfasible.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow