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(영문) 대전지방법원 2016.02.17 2015노3283
협박등
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (eight months of imprisonment) is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) there has been no record of having been punished as a sentence until now; (c) the victim F did not want the Defendant’s punishment; (d) the Defendant deposited KRW 100,000 for the victim D in the trial of the Party; (c) the Defendant was growing in a bad family environment; (d) the mental health appears to be not good; and (e) there are children to support.

However, even though the defendant had been punished for the same kind of crime several times, the defendant committed each of the crimes of this case without being aware of it during the suspension period of execution due to the crime of property damage, and committed an additional crime of 2015 high group 463 high group 463 high group 2015 high group 560, it is also deemed that the risk of recidivism is considerable, such as committing a crime of 2015 high group 560. In order to establish the national legal order and eradicate the general public peace, there is a need to strictly punish the act of obstructing the performance of official duties, and there is no agreement with some victims, and there is other unfavorable circumstances such as defendant's age, sex, environment, motive, means and consequence of the crime of this case, as well as the sentencing guidelines set forth in the sentencing guidelines of the Supreme Court for each of the crimes of this case: The group of crimes obstructing the performance of official duties, one type of crimes obstructing the performance of official duties (a lack of duty), the scope of recommendations to reduce the scope of punishment for the general offender(a).

3. The Defendant’s appeal is without merit.

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