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(영문) 대구지방법원 2018.01.12 2017노3809
공갈
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to 6 million won) is too unreasonable.

2. The judgment of the defendant is advantageous to the confession of each of the crimes of this case, the victims have agreed with the defendant, or complained against the defendant's wife, the amount of the compromise (1.7 million won) was not large, and the defendant has no record of being subject to criminal punishment before the case, and the defendant's family and branch are complaining against the defendant's wife.

However, this case does not seem to be unfair since the punishment imposed by the court below is nonexistent in consideration of the circumstances such as the defendant's age, sex, environment, motive and circumstance leading to the crime of this case, means and consequence of the crime, etc., and all of the sentencing conditions stated in the records and theories of this case, including the following facts: (a) the defendant's act as if the defendant assumes the facts of illegality in the construction site by misrepresenting the identity of the reporter; and (b) the 10 times in total from the four victims frightening, and the nature of the crime is not good; and (c) there is no change in circumstances that may change the punishment determined by the court below.

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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