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(영문) 청주지방법원 2020.01.09 2019노877

특수협박등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Considering that there are circumstances that may be considered in light of the circumstances leading up to each of the instant crimes, the health status of the Defendant, the victims, and the agreement from the victims, etc., the lower court’s punishment (fine of eight million won) is too unreasonable.

B. Considering that the Defendant, who had had the record of criminal punishment several times, including the same type of crime and the same type of crime, committed each of the instant crimes without being aware of even though he/she was a repeated offender, and that the nature of the crime is very poor in light of the content of the crime and the applicable method of the crime, and the risk of recidivism is also considerable, the above sentence of the lower court is too unreasonable.

2. In light of the reasoning of the judgment, the court below seems to have determined the punishment by fully taking into account the above circumstances asserted by the defendant and the prosecutor, and there is no change in circumstances or circumstances that may newly consider the sentencing in the court of the first instance, and compared with the first instance court, there is no change in the conditions of sentencing. Considering the various factors of sentencing emphasized by the defendant and the prosecutor in the grounds of appeal, it is not recognized that the court below's punishment is reasonable, and that it is too heavy or unreasonable.

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