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(영문) 서울남부지방법원 2015.09.25 2015노1144
공갈
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (4 months of imprisonment with prison labor for No. 1 crime, 8 months of imprisonment with prison labor for No. 2 crime) is too unreasonable.

2. Determination: (a) the Defendant led to confession of and reflect on the instant crime; (b) the amount of noise was relatively small; (c) the Defendant’s repayment of damage to the victim H and agreed at the lower court was favorable in light of favorable circumstances; (d) the Defendant’s history of criminal punishment has reached 17 times, and the Defendant’s imprisonment had been imposed on 17 occasions; (b) the Defendant appealed for a period of six months, a suspended sentence of two years on January 24, 2014, due to a violation of the Act on the Punishment, etc. of Arrangement of Commercial Sex Acts, Etc. (hereinafter “Act on the Punishment, etc. of Commercial Sex Acts, Etc.”); and (c) the Defendant continued to commit the instant crime even during the appellate trial; and (d) other various sentencing conditions indicated in the records and arguments, such as the Defendant’s age, family environment, and the circumstances before and after the commission of the instant crime, it cannot be deemed that the Defendant’s punishment is too unreasonable.

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

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