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(영문) 인천지방법원 2016.06.01 2016노1088

특수협박등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The facts that the defendant confessions all of the crimes of this case and acknowledges his mistake, and that the victim of special intimidation does not want the punishment of the defendant are favorable circumstances.

However, the Defendant was sentenced to a suspended sentence of three years on May 8, 2009 due to the crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), and committed the instant crime on May 16, 2009 when the judgment became final and conclusive on May 16, 2009, and again committed the instant crime during the suspended sentence period; used violence against a police officer who wear the uniform to interfere with public duties; intimidation against the same victim as the previous suspended sentence by carrying dangerous articles; there are no special changes in circumstances to reduce sentencing after the sentence of the lower judgment; and other unfavorable circumstances, such as the Defendant’s age, sex, occupation and environment; and the motive and circumstances leading to the instant crime; and the circumstances after the crime, etc., the lower court’s punishment is too unfair, and thus, is not justified. Therefore, the Defendant’s assertion is groundless.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure, provided that "Articles 284 and 283 (1) of the Criminal Act (the act of assaulting carrying dangerous articles)" in Article 25 (2) of the Criminal Procedure Act shall be dismissed as "Articles 284 and 283 (1) of the Criminal Act (the act of threatening carrying dangerous articles)", and Article 62 (1) and (9) of the Criminal Act shall be punished as "1. Suspension of Execution and Article 62 (1) of the Criminal Act."

1. Social service order and Article 62-2 of the Criminal Act are deleted, and they shall be corrected ex officio;