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(영문) 수원지방법원 2015.12.24 2015노5793
폭력행위등처벌에관한법률위반(상습공갈)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, confiscation) of the lower court is too unreasonable.

2. The judgment of the court below is based on the case where the defendant habitually committed the crime of this case, and the sum of the aforementioned amounts is relatively small to 2.6 million won, the victim D, E, and the victim F, deposit KRW 300,000 for the victim F, and the victims' actual damage seems to have been restored to a considerable part. Considering the favorable circumstances such as the above, the defendant has a history of having been sentenced to criminal punishment such as punishment for the same kind of crime, and the defendant has a history of having been sentenced to criminal punishment such as punishment for several times due to the same crime, and the crime of this case has not been committed again during the repeated crime period of four months or more. In light of the law of the crime of this case and the defendant's statement during the investigation process, etc., it is considerably deemed that there is a same kind of crime that has not been prosecuted in light of the defendant's statement during the criminal investigation process, and there is no reason for the court below's argument that the above punishment of this case is unfair.

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

(However, it is clear that the second page 9 of the judgment of the court below is a misunderstanding error under Article 350(1) of the Criminal Procedure Act, since the 3rd page 10 is a misunderstanding error under Article 350(1) of the Criminal Procedure Act. Thus, it is obvious that the 3rd page 9 of the judgment of the court below is a misunderstanding error under Article 25(1) of the Rules on Criminal Procedure.

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