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(영문) 의정부지방법원 2016.08.09 2016노1214
협박
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 4 million) is too unreasonable.

2. Determination

A. It is recognized that the defendant led to confession and reflects the crime of this case, and that the defendant is the first offender.

B. However, in full view of the following circumstances: (a) inasmuch as the Defendant repeatedly threatened the victim by the same method, the nature of the crime is not good; (b) the victim was not agreed with; and (c) no measures were taken to protect the victim; (d) there was no special change in circumstances after the decision of the lower court was made; and (e) other circumstances that form the conditions for sentencing specified in the instant pleadings, including the Defendant’s age, circumstances leading to the crime, and the circumstances after the crime, even if considering the favorable circumstances of the Defendant, the lower court’s punishment is too unreasonable

Therefore, the defendant's above 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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