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(영문) 의정부지방법원 2015.06.19 2014노2192

폭력행위등처벌에관한법률위반(상습협박)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds of appeal asserts that the Defendant, while asserting that the punishment of the lower court (two years of suspended sentence, one year of suspended qualification, one year of probation, and one thousand hours of community service order) is excessively unreasonable, the prosecutor asserts that the sentence of the lower court is too unfluent and unreasonable.

2. The court below appears to have determined a sentence by fully taking into account the following circumstances: circumstances favorable to the defendant (the defendant's confession of the facts of the crime of this case and statement that his mistake is against his depth; the defendant's attitude is also actively sought a fine due to the violation of the Road Traffic Act around 2013; in some cases, there are some extenuating circumstances in light of the motive and circumstance of the crime; and the victim also has some responsibility for the occurrence of the crime or the expansion of damage; etc.; in light of the contents and methods thereof, the degree of damage; the victim and his/her family members; the victim and his/her family members have suffered serious damage; however, each crime of this case committed by the defendant; the victim and his/her family members have not been seriously tried to recover full damage; the court below appears to have determined a sentence by taking into account the victim's agreement or full damage; the defendant's motive and circumstance of the crime of this case; the defendant's occurrence of the crime of this case and the circumstances of this case; the motive and frequency of the crime of this case; the victim; the victim's relation and the circumstances.

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