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(영문) 서울남부지방법원 2015.01.30 2014노2126

상습협박등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment shows the attitude of the defendant to reflect on his criminal act, and the fact that the court below deposited five million won for the victim, etc. is favorable to the defendant.

However, in full view of the following circumstances: (a) the Defendant habitually threatened the victim who did so; and (b) assaulted the victim on the ground that he refused to do so; (c) the victim’s part of his neck was injured by tobacco; and (d) the Defendant committed an injury by assaulting or threatening the victim’s part of his neck; (b) the Defendant had a variety of history of assaulting or threatening the victim prior to the instant case; (c) the Defendant suffered from a mental illness called brick personality disorder; (d) even though he was well aware of the fact that there was such personality disorder, the circumstances leading to the instant crime by neglecting it even though he was well aware of it in advance; (d) there was no change of circumstances taking into account the sentencing following the lower judgment; and (e) there was no other change of circumstances taking into account the background, means and method of the instant crime; (d) the consequence of the instant crime; and (e) the Defendant’s age, behavior, and environment, etc.,

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.