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(영문) 수원지방법원 2016.05.20 2016노2122

협박

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. It is true that the Defendant’s judgment is contrary to the recognition of the instant crime, and that the instant crime ought to take into account the equity with the case at the same time in relation to the concurrent crimes after Article 37 of the Criminal Act, which became final and conclusive in the first head judgment of the crime committed in the judgment below, and that there is a favorable sentencing condition for the Defendant.

However, the crime of this case was committed by threatening a victim with a video image taken of a sexual relation with a female victim who was in a relationship with the defendant, and the nature of the crime is bad, and the defendant has been subject to criminal punishment or juvenile protective disposition several times prior to the crime of this case, and the court below seems to have determined punishment by considering the circumstances favorable to the defendant. Considering the fact that there is no change in circumstances after the decision of the court below was made, and other circumstances that are conditions for the sentencing of this case, such as the defendant's age, sex, environment, family relationship, etc., the punishment of the court below is too unreasonable. Thus, the defendant and his defense for the above sentencing of the defendant are 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.

참조조문