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(영문) 서울서부지방법원 2019.06.13 2019노223

협박등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the Defendant (two years and six months of imprisonment, 80 hours of order to complete a sexual assault treatment program, 5 years of restriction on employment, and Confiscation) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant appears to have committed the instant crime, and (b) the Defendant did not have any criminal record other than the two-time fines.

On the other hand, the crime of this case is very poor in view of the circumstances of the crime, the period and frequency of the crime, the degree of exposure to photographs, and the use of intimidation to the victim’s ancillary effect.

While the defendant is under investigation, the defendant sent text messages that threaten the victim.

The victim seems to have suffered from severe mental pain due to the instant crime, and even though there is no intention to agree, the family members of the accused are forced to reach an agreement, and it is difficult for the Defendant to take a retaliation after being released from the military.

In addition, considering the Defendant’s age, character and conduct, family relationship, and circumstances after the crime, all of the sentencing conditions indicated in the instant pleadings, it cannot be deemed that the Defendant’s punishment is too heavy.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

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

(However, since it is clear that the phrase "as mentioned in the above-mentioned 7 is a clerical error in the above-mentioned 6) of the Criminal Procedure Rule 2, Nos. 7 through 10, 12, and 13 in the criminal record list of the judgment below, it shall be corrected ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.