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(영문) 의정부지방법원 2014.04.17 2014노449
폭력행위등처벌에관한법률위반(공동공갈)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment and additional collection) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unfortunate and unreasonable.

2. The Defendant provided and received money as a solicitation for a case handled by a public official, and the amount is the larger amount than 19 million won, and the crime of this case is a crime that damages the trust of the general public in criminal justice agencies, and the Defendant took advantage of his identity as a reporter, and the amount is a considerable amount of 20 million won, and the Defendant has a ten-time criminal record and has a one-time criminal record of suspended execution. However, in light of all of the sentencing conditions stated in the records of this case, it cannot be deemed that the sentence of the lower court against the Defendant is too heavy or too heavy, in light of all the sentencing conditions indicated in the records of this case, such as the victim I and B did not want to be punished against the Defendant, and the victim I and B do not want to be punished against the Defendant.

3. If so, the appeal by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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