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(영문) 부산지방법원 2016.05.12 2016노842
폭력행위등처벌에관한법률위반(상습공갈)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (in 10 months of imprisonment with prison labor) is too small, and the prosecutor is too unhued and thus unfair.

2. The facts that the Defendant recognized all of the instant crime and submitted a written confirmation of wishing to donate a long-term donation, and reflects his mistake in the submission of the written confirmation of wish to donate a long-term donation, the lower court agreed with the victim K and M, and further agreed with the victim J in the first instance.

However, the crime of this case is not very good that the defendant demanded the victims operating the main place of entertainment, etc. to provide such services as entertainment receptionist, etc., and then received them, and made the victims to report to the police as if they reported to the victims, and thus prevents them from claiming the drinking value, etc. Furthermore, each of the crimes of this case occurred and habitually took place, and the criminal act of this case was committed 20 times due to fraud and attack, etc., and the defendant did not reach an agreement with some victims, etc. are disadvantageous to the defendant.

Considering the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, various sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s punishment is heavy or it does not seem unfair because it was frighten.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act (Article 25(1) of the Regulations on Criminal Procedure; Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, the first criminal charge of the lower judgment is a summary order of KRW 1 million on January 28, 2014; a summary order of KRW 500,000 as a fine for fraud is issued by the same court on March 3, 2014; a summary order of KRW 1 million in the same court on January 23, 2015; a summary order of KRW 3 million in the Busan District Court on May 19, 2015; and a summary order of KRW 3 million in the Busan District Court on July 15, 2015.

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