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(영문) 대구지방법원 2019.06.18 2019노1281
공갈미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. Determination

A. In light of the fact that there exists an area unique to the first instance court regarding sentencing determination under the Korean Criminal Procedure Act, and the ex post facto nature of the appellate court, it is reasonable to respect the first instance court’s sentencing determination in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not exceed the reasonable scope of discretion.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). (B)

The fact that the defendant recognized the crime of this case and reflected against the defendant, and that the defendant has no record of punishment, etc. are favorable to the defendant.

On the other hand, the crime of this case is committed by threatening a woman who arranged sexual traffic in Japan prior to 10 years to know about her husband and her parents by showing the history of the crime of this case, and by threatening the her husband and her parents, and is committed with the nature of the crime in light of the circumstances and contents of the crime.

The victim is trying to punish the defendant.

This is an unfavorable circumstance to the defendant.

In addition, considering the defendant's age, character, conduct and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate and is too heavy or unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.

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

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