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(영문) 청주지방법원 2018.02.22 2017노1482
특수협박등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment) of the lower court’s punishment is too unreasonable (the Defendant explicitly withdrawn his claim for mental and physical disorder on the first trial date). 2. Circumstances favorable to the Defendant are as follows.

The Defendant confessions each of the crimes of this case, and is divided.

A victim of larceny expressed his/her intention not to have a criminal defendant punished to an investigation agency, and 6,00 won thief was returned to the victim.

The defendant seems to suffer from primary high blood pressure, etc. and seems to have not good health conditions.

Circumstances unfavorable to the defendant are as follows:

The Defendant committed each assault against three victims, and committed a special intimidation and a larceny using a brick, which is a dangerous object.

The defendant did not reach an agreement with the victims of the crime of violence and special intimidation.

The Defendant was sentenced to imprisonment for eight months with prison labor for a crime of interference with the performance of official duties in 2016 and completed the execution of the sentence, and committed the instant crime again during the period of repeated crime.

In addition, the defendant has been punished by imprisonment with prison labor, suspension of execution of imprisonment with prison labor and fine due to the same crime related to violence and larceny.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Defendant’s assertion is 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.

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