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(영문) 제주지방법원 2016.07.21 2016노252
상습공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. Under our criminal litigation law taking the trial-oriented principle and the principle of direct determination, where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The Defendant appears to have committed each of the instant crimes, and the fact that there was no record of having been sentenced to the suspension of execution or heavier punishment, other than those sentenced twice prior to the instant case, is favorable to the Defendant.

However, in light of the circumstances, methods, and contents of each of the instant crimes, the nature of the crime is not very good, and the victim appears to have suffered a considerable mental suffering, and the Defendant was unable to receive a letter from the injured party and did not recover the damage, etc., are the circumstances unfavorable to the Defendant.

In full view of each of the above circumstances, comprehensively taking account of the Defendant’s age, sex, environment, motive and background of each of the instant crimes, means and methods thereof, and all of the sentencing factors in the process of trial and records of the instant case, including the circumstances after the commission of the crime, the sentence imposed by the lower court is beyond the scope of reasonable discretion, or is too unreasonable.

3. In conclusion, 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.

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