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(영문) 서울중앙지방법원 2017.11.03 2017노2653
공갈등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. The summary of the grounds for appeal is too unreasonable because the sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. Each of the instant crimes committed by the Defendant, by abusing the status as a reporter for the interest of the G representative director, posted the public corporation’s minor defects and then downloading money and valuables, is a matter of serious damage to the fairness of the press’s public interest, and the nature of the crime is very difficult.

Before committing the instant crime, the Defendant had been punished three times including the same law punishment, and is likely to be criticized in that it has reached each of the instant crimes during the suspended execution period for the same kind of crime.

The amount obtained by the defendant is the sum of KRW 100 million, and the full recovery of damage has not been made.

In consideration of this, the criminal liability of the defendant is not easy.

However, in the appellate trial, the defendant recovered all the amount of damage in the crime of embezzlement, and the victim corporation of the crime of embezzlement, which was the most serious amount of damage, agreed to fully repay the amount of damage and smoothly.

In addition, even though the defendant did not actually recover damage, he received the declaration of non-existence of punishment from the field warden of K, AY, and BR which was not agreed at the court below.

This shows the attitude of the Defendant to make a confession of all the crimes of this case and to reflect his mistake, the fact that the Defendant agreed to recover damage in the original trial after promising some victims and future victims, and that the Defendant was old as the birth in 1947 can also be considered as favorable circumstances.

In full view of such circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and all of the sentencing conditions as indicated in the instant records and arguments after the commission of the crime, the sentence imposed by the lower court is against the Defendant.

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