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(영문) 의정부지방법원 2020.11.12 2020노2235

특수협박

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (one hundred months of imprisonment and confiscation) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The instant crime was committed against three persons on two occasions.

The risk of dangerous articles, which are the basis of special intimidation, is not small.

The crime of this case is committed during the period of repeated crime due to previous records entered in all the criminal facts of the lower judgment.

In light of the contents of the crime in this case and the criminal records of the defendant, it is highly probable that the defendant will not take drugs for the early illness in the future so that he/she will not take drugs properly.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case, and shows an attitude against his own crime.

In the crime of this case, it seems that the injury and disease suffered by the defendant was affected by the crime of this case.

These circumstances are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, intelligence and environment, relationship to victims, motive, means and consequence of the crime, the sentence of the court below is deemed appropriate.

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

However, the judgment of the court below's 3th eightth, "the pertinent Article of the Criminal Procedure Act and the choice of the punishment" and the 9th, "the Articles 284 and 283 (1) of the Criminal Act and the choice of imprisonment" are clear that the entry in the following bullying is erroneous, so it shall be corrected ex officio in accordance with Article 25 of the Regulations on Criminal Procedure.

Article 284 and Article 283 (1) of the Criminal Code for the crime, "Selection of imprisonment with prison labor for the choice of punishment under Articles 40 and 50 of the Criminal Code"