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(영문) 창원지방법원 2014.05.14 2013노1509
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was merely taking money from the victim E, I, J, and K, and the Defendant did not receive money from the victims of the instant charges, such as the instant charges.

B. The sentence imposed by the lower court on the Defendant (eight months of imprisonment, two years of suspended execution, two years of probation) is too unreasonable.

2. Determination on the grounds for appeal

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., (i) the victims made a specific and consistent statement from the investigative agency to the court of the court below, and (ii) there is no money paid by the Defendant to the victims before the victims agree with the victims, but (iii) the Defendant did not have a certain occupation at the time, and used most of the money received from the victims for gambling (Evidence No. 345, 354 of the evidence record), the court below’s judgment convicting the Defendant of the charges of this case is justifiable.

B. As to the assertion on unfair sentencing, the Defendant has no criminal history exceeding a fine, the Defendant agreed with the victims other than the victim M, and the Defendant supporting a child at present by marriage with a Korean national, etc. However, the Defendant’s crime of this case is not good as having received money or committed an assault against the victims of nationality like the Defendant, and the Defendant’s age, character and behavior, environment, background, means and consequence of the crime, as well as various circumstances, which form the conditions of sentencing as indicated in the records and arguments of this case, such as the following circumstances, cannot be deemed to be unfair because the sentence imposed by the lower court is too unreasonable.

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