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(영문) 수원지방법원 2018.11.22 2018노5875
특수협박
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the decision of the court below on the summary of the reasons for appeal (eight months of imprisonment), the defendant asserts that the prosecutor is too unfasible and unfair.

2. In light of the circumstances and methods of the instant crime, the nature of the crime is very poor and the risk thereof is so high that corresponding punishment is needed.

However, considering the fact that the defendant shows an attitude against the defendant, that there was no history of punishment in the Republic of Korea, and other various conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual conduct, environment, family relationship, motive, method of crime, and circumstances after the crime, the court below's punishment is deemed appropriate, and it does not seem unfair because it is too heavy or uneasible.

3. Accordingly, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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