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인천지방법원 2016.12.23 2016노4419

특수협박

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Although the judgment of the court below was given a suspended sentence of imprisonment with prison labor for the same kind of crime that the defendant, without any particular reason, threatened the victim by carrying the 500,000 won for the victim. However, even though the crime of this case was committed by carrying the knife with the knife and threatening him, the crime of this case seems to have high risk of recidivism in light of the defendant's age, character and behavior, environment, details, motive, means and consequence of the crime, etc., and all of the sentencing conditions specified in the argument of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence after the crime, are considered, it is not recognized that the sentence imposed by the court below is too unreasonable.

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