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(영문) 창원지방법원 2016.02.04 2015노2851

특수협박등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is unfair due to the excessive reduction of the punishment sentenced by the court below (a punishment of eight months, confiscation) and that the prosecutor asserts that the above punishment sentenced by the court below is too unfeasible and unfair.

2. It is recognized that the judgment defendant recognized the crime of this case and reflects the mistake, agreed with the victim E of the obstruction of worship, there has been no record of punishment exceeding the fine so far, and is the disabled of class 3 of the delay disability.

However, the crime of this case was committed under the influence of alcohol by threatening the victim H and J as a female under the influence of alcohol by threatening the defendant, obstructing the worship of the victim D church believers, obstructing the business of restaurant and clothing burial, and impairing the victim R (a person)'s residence, taking into account the following circumstances: (a) there is no submission of particular data about the recovery of damage to victims except the obstruction of worship up to the trial; and (b) there is no special circumstance or change that may be newly considered in sentencing after the sentence of the judgment below; and (c) there is no other special circumstance or change that may be newly considered in sentencing; (d) the defendant's age, sexual behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime and the judgment of the court below, and it is not recognized that the punishment imposed by the court below is too heavy or unfair because it is frighted.

3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and all of them are dismissed. It is so decided as per Disposition.