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(영문) 창원지방법원 2018.11.13 2018노2078
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable. The sentence of imprisonment with prison labor for 4 months and the remaining crimes: imprisonment with prison labor for 1 year and 6 months) imposed by the court below is too unreasonable.

2. The lower court’s sentencing appears to have been determined by fully considering the various favorable circumstances against the Defendant, and there is no special circumstance to change the sentencing after the lower judgment.

In addition, the age, gender, environment, circumstances, circumstances after the crime, records of the crime, and sentencing guidelines of the defendant;

A. On April 3, 2014, the lower court’s judgment: (a) there is no type 1 (Interference with Business) [the territory of recommendation and the scope of punishment]; (b) basic area; (c) imprisonment with labor for up to six months and one year and six months; (d) interference with business affairs [the type of decision]

B. Basic crimes and concurrent crimes No. 1 except interference with business affairs on April 3, 2014 as indicated in the holding of the court below: There is no person [the scope of recommendation and recommendation] [the scope of special sentencing] each basic area of interference with business affairs [the scope of recommendation and recommendation], each of six months to one year and six months: The concurrent Crimes No. 2: No. 1 (the amount less than three million won) [the person subject to special sentencing] [the scope of recommendation and recommendation] reduction area] reduction area, imprisonment with prison labor and the scope of recommended punishment based on the majority processing period from January to August: Basic Crimes No. 20 [the scope of punishment], the scope of punishment for the Defendant on June to April 20, 200 [the scope of punishment without prison labor], and the records and changes in the sentencing of this case on February 1 to 20, 2002].

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

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