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(영문) 수원지방법원 2016.10.07 2016노5379

특수협박등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The facts that the victim was not punished by the defendant are favorable circumstances.

However, there are two short periods of time and repeated crimes by finding out the situation operated by the same victim, and in the case of special intimidation in the judgment, the victim committed the crime for the purpose of retaliation against reporting the previous crimes of the defendant, and thus, the nature of the crime is bad, a majority of criminal records of violent crimes are many, and the crime of this case again committed during the period of repeated crime according to the criminal records of violent crimes is disadvantageous.

In addition, considering the motive and background of the crime, the circumstances after the crime, the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence of the court below cannot be deemed to be too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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