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(영문) 서울북부지방법원 2018.08.17 2018노834

특수협박등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

Although there are circumstances such as the defendant's late and wrong mistake, and the victims expressed their intention not to punish the defendant at an investigative agency, the defendant was sentenced to punishment more than twice the same crime, and the crime of this case was committed during the period of repeated crime because it has not yet been long after release, and it does not seem that substantial damage has been restored to the victims, there is no special circumstance or change that can be newly considered in the sentencing after the court below was sentenced, and all other sentencing circumstances such as the defendant's age, sex, sex, family relationship, motive, means and consequence of the crime, and circumstances after the crime were committed, the sentencing of the court below is judged to be appropriate, and the sentencing of the court below is too heavy or less severe than the reasonable scope of discretion.

subsection (b) of this section.

All of the arguments of the defendant and the prosecutor are rejected.

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