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(영문) 수원지방법원 2019.10.28 2019노842
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant has committed a mistake in the statement of reasons for appeal. The Defendant has been detained in the statement of reasons for appeal.

In light of the above, the appeal has been filed and the appeal has been filed. Since the reasons for appeal stated by the defendant are unclear, it will include the reasons for appeal against mistake of facts.

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution, two years of probation, and two hundred hours of community service in October) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant cited the kitchen knife as stated in the facts charged and threatened the victims. The defendant's assertion of mistake of facts is without merit.

B. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the assertion of unfair sentencing, ought to respect the determination of sentencing in a case where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the factors indicated in the records of this case, the lower court’s sentencing is too unreasonable to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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