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(영문) 수원지방법원 2016.07.14 2016노2151
공갈등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We also examine the arguments of the Defendant and the Prosecutor.

All of the crimes of this case are recognized by the defendant, there is no record of criminal punishment for the defendant due to the crime of attack, and the family of the defendant wanting to leave the defendant's wife against the defendant, etc. are favorable to the defendant.

Meanwhile, even though the Defendant acquired a total of KRW 11,350,000 from 25 victims due to the instant crime, and acquired KRW 12 million due to the instant fraud, no particular damage has been recovered so far. The instant crime of extortion was committed on the government agency’s website by threatening the operators of the massage procedure as if the Defendant would maintain the civil petition unless he/she received the money. It is not good that the crime is committed, and the Defendant was sentenced to criminal punishment several times for property crimes, including the Defendant’s punishment for fraud, etc. in the past.

When comprehensively taking into account all these circumstances, the sentencing conditions such as the defendant's age, sex, environment, family relationship, etc., the sentencing of the court below cannot be deemed to be too weak or unfair.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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