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(영문) 광주지방법원 2018.01.11 2017노1236
공갈등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the court below’s punishment (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, social service, etc.) so long as it is too unreasonable, and the prosecutor appealed from the court below’s punishment too unfasible and unfair.

2. The crime of this case was committed against the victim by threatening the victim by informing the victim of internal ties, or transmitting the victim’s pictures prior to the victim’s sexual intercourse to her husband and her children, etc. The victim’s property was damaged and inflicted bodily injury on the victim several times. In light of the circumstances leading up to the crime, method and content, etc., the crime was considerably poor, and the victim was punished against the defendant.

However, in full view of the following factors: (a) the Defendant reflects the mistake; (b) deposited 1.4 million won for the victim; (c) the favorable circumstances that have no record of criminal punishment exceeding the fine; and (d) the Defendant’s age, sex, sex, environment, family relationship; (b) circumstances after the crime; and (c) various sentencing conditions specified in the records and arguments, such as the circumstances after the crime, do not seem to be too heavy or unreasonable.

3. The appeal filed by both the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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