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(영문) 전주지방법원 2017.03.23 2016노1490
협박등
Text

The judgment below

Of them, the part concerning the crime of No. 1-A, B, 2, and 6 of the judgment against Defendant A and the defendant B.

Reasons

1. The summary of the grounds for appeal (the defendant A shall be sentenced to 6 months of imprisonment with prison labor for the crimes set forth in No. 1-A, B, 2, and 6 in the judgment of the court below, 1-C, D, 3, and 5 in the judgment of the court below, 8 months of imprisonment with prison labor for the crimes set forth in No. 1-C, D, 3, and 5 in the judgment of the court below, and the defendant

2. Determination as to Defendant A

A. It is an unfavorable circumstance that Defendant A 1-A, B, 2, and 6-2 of the decision of the court below had repeatedly committed violence and verbal abuse against victims, and the victims seem to have suffered considerable mental pain due to the continuous crime of Defendant A.

However, in light of the following factors: (a) Defendant A recognized all of the instant crimes when it was in the trial; (b) agreed with the victim H in the trial; and (c) the crime in the part of Articles 1-A, 2, and 6 as indicated in the judgment of the court below was sentenced on May 12, 2015 and sentenced on June 9, 2015 and should consider equity with the case where the judgment was rendered simultaneously with the crime of injury for which the judgment became final and conclusive on November 9, 2015; and (b) other factors of sentencing as indicated in the instant records and changes theory, such as Defendant A’s age, sexual behavior, environment, and motive, means and consequence leading to the instant crime; and (c) circumstances after the crime, etc., it is recognized that the sentence of the court below on the part of Articles 1-A, 2, 2, and 6 as indicated in the judgment of the court below is too unreasonable.

B. Part 1-C, D, 3, and 5 of the judgment of the court below as to the crime of this case was committed in the first instance by Defendant A, and all of the crimes of this case are recognized and reflected in the judgment of the court below, and the fact that Defendant A agreed with the victim H is favorable.

However, the first-C, D, 3, and 5 of the judgment of the court below committed both during the period of repeated crime, and Defendant A committed assault and verbal abuse against victims repeatedly, and victims seems to have suffered considerable mental pain due to Defendant A’s continuous crime. However, the above Defendant did not take measures to recover from damage, and the age, sex, environment, and the instant case.

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