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(영문) 서울북부지방법원 2018.04.20 2018노358
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (in prison labor for up to eight months) is too unreasonable.

2. The Defendant’s grounds for appeal were determined as to the instant crime, and the amount of the Defendant’s attempted attempt to withdraw or withdraw is not more than three million won.

The defendant recognizes the crime up to the conviction of the party, repents his wrong and has no record of criminal punishment for the same kind of crime.

However, on the other hand, the crime of this case is a case in which the victim has already been exposed to a long time against the victim, such as her husband, etc., by threatening several times to the effect that he would know about the victim's her husband, etc. about the victim's balone million won from the victim, and the crime of this case is a case in which he attempted to withdraw one million won from the victim from the victim under the same several laws, and the circumstances and methods leading up to the crime, and the method leading up to the crime, and the mental suffering of the victim's balone, it is not very good that the crime is committed.

Defendant did not receive a letter from the injured party up to the trial. There are no special circumstances or changes in circumstances that may be newly considered in sentencing after the sentence of the lower judgment.

In addition, in full view of various circumstances, including the Defendant’s age, sex, environment, motive and background of the offense, means and method of the offense, and the circumstances after the offense, etc., and the sentencing conditions indicated in the record, the sentence imposed by the lower court is too heavy.

Since the defendant's argument of sentencing cannot be seen as reasonable, there is no reason.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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