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(영문) 수원지방법원 2017.07.12 2016노9130

특수협박등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence for six months of imprisonment, and confiscation) is too unreasonable, which is the gist of the grounds for appeal.

2. It is recognized that the judgment of the defendant is the primary offender, and that the defendant agreed with the victim.

However, the court below seems to have sentenced the suspension of the execution of imprisonment (other than punishment) in consideration of the favorable circumstances of the defendant.

In addition, the crime of this case is a dangerous knife of a female victim, and interferes with the main business of 25 minutes by harming the above knife of the knife, and the nature of the crime is not good. In addition, even if the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, as well as various sentencing conditions specified in the argument of this case, such as the circumstances after the crime, etc., are considered to be excessive punishment of the court below, and thus, it is not deemed unfair. Thus, the defendant's argument is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.