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(영문) 울산지방법원 2016.10.21 2016노888

특수협박등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six million won of a fine) is too unreasonable.

2. The judgment is based on the following facts: (a) the defendant recognized each of the crimes of this case; (b) the defendant has no record of criminal punishment in excess of a fine; (c) the defendant had been punished twice as a crime of the same kind of violence even before the case; (d) each of the crimes of this case is a case in which the defendant invadeds on the family of his/her spouse who is under separate jurisdiction and damages the current entrance and exit of property; and (e) the defendant again threatened him/her with his/her intention to bring about a dispute after finding out his/her home; (b) there is a bad nature of the crime in light of the process of the crime or the risk of the means of the crime; (c) there is no domestic violence before and after the case; (d) there is no record of criminal punishment in excess of a fine; and (e) there is no record of criminal punishment in excess of a fine; and (e) there is no record of new circumstances or changes in circumstances that can be considered in sentencing after the judgment below was rendered; and (e) there is no reason and reason for the court’s decision to impose punishment on the defendant.

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