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(영문) 광주지방법원 2017.07.13 2017노1626

특수협박등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. The circumstances are favorable for the following: (a) the Defendant deposited one million won for the victim; (b) the Defendant experienced severe depression to show a repetitive self-harm behavior; and (c) the instant crime appears to have been partly affected by such mental illness.

However, in full view of the circumstances such as the Defendant’s assaulting of the victim demanding the liquidation of his living together, intimidation by using a shouldered softener’s disease, and the method of the commission of the crime seems to be very dangerous, and the victim was suffering from extreme fear, the crime is a crime during the period of the suspension of the execution of the same violent crime (the period of the suspension of execution was imposed at the time of the first instance judgment), the victim’s desire to punish the Defendant, and other unfavorable conditions of punishment as shown in the records and arguments, such as the Defendant’s age, sexual behavior, environment, family relationship, circumstances after the crime, etc., it cannot be deemed unfair since the lower court’s punishment is too excessive.

The ground for appeal is without merit.

3. The appeal by the defendant is without merit and thus dismissed in accordance with Article 364(4) of the Criminal Procedure Act.