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(영문) 울산지방법원 2016.09.23 2016노1190
상습공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment with prison labor and ten months of imprisonment with prison labor for the remaining crimes) of the lower court is deemed to be too unreasonable.

2. The following facts are considered as favorable to the Defendant: (a) the Defendant recognized all of the instant crimes; (b) the victims appear to have not been punished by the Defendant upon agreement with the victims; and (c) the Defendant could have been tried on January 15, 2016, with the crime of extortion which became final and conclusive on January 15, 2016; (b) the instant crimes were committed as if the Defendant was organized and violent at the victim’s business office, which is a small merchant; (c) the Defendant committed acts as if the victims were organized and violent; (d) the Defendant committed a crime, in light of the background and repetition of the instant crimes; (d) the Defendant committed a bad crime; (e) the Defendant had been punished several times, including a crime of public conflict even before the instant case; and (e) the Defendant had no record of criminal punishment, including a crime of interference with duties; and (e) the circumstances and motive of the Defendant’s execution or execution of official duties; and (e) the Defendant’s allegation that the crime of this case was committed during the crime of this case was committed.

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

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