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(영문) 인천지방법원 2017.07.13 2017노1759

특수협박등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (one year of imprisonment) is too unreasonable.

2. The judgment of the court below seems to have led to the confession and reflect of the crime, and the victims did not want the punishment of the defendant before the pronouncement of the court below.

However, the criminal liability of the defendant is not against the law.

There are a large number of criminal records (20 times of punishment for violence inclinations, and seven times of punishment and one time of suspended execution). When punishment is imposed over several times, it constitutes a repeated crime and is subject to aggravated punishment. In addition, it is also a repeated crime that has been released from prison and again committed this case.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, taking into account the fact that alcohol dependence treatment should be received, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances before and after the crime, the court below's sentence is not considered to be unfair.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

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