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(영문) 대구지방법원 2017.10.20 2017노3343
공갈
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant led to the confession of each of the crimes of this case, and the defendant reflects the wrongness of the defendant. The defendant does not want the victim's punishment by agreement with the victims of each of the crimes of this case, the defendant does not have the records of the same kind of crime, there is no criminal record exceeding the fine, the defendant's family and branch members appeal the defendant's preference, and the defendant must support the dementia aging.

However, in this case, the defendant conspired with the accomplice by taking advantage of the status of the representative director and vice president of the K in the dispute resolutionH, or raised money and valuables to the victims who independently operate the subcontractor for a long time under the pretext of maintaining the transaction, and the crime is not very good. The amount of damage caused by each of the crimes in this case is large to KRW 240,720,000,000,000,000,000, and in the case of the crime of attack against the victim J, the defendant seems to have led to the crime, and there is a need to maintain the so-called so-called “A” practice against the subordinate companies of the original subcontractor that is linked to our society, and the defendant attempted to commit the crime by joining the accomplice B during the investigation process.

In addition to the above circumstances, there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment, and considering the Defendant’s age, sexual conduct, environment, motive and background leading to the instant crime, means and consequence of the instant crime, and all of the sentencing conditions stated in the records and theories, such as the circumstances after the commission of the crime, the sentence imposed by the lower court cannot be deemed unfair.

3. Thus, 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 (Provided, That it is so decided as per Disposition).

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