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(영문) 청주지방법원 2017.01.26 2016노1341
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The defendant is deeply divided and reflected in each of the crimes in this case.

Each crime of conflict and victim G is deemed to have been committed by the defendant while under the influence of alcohol.

The money that the defendant got out from the victims of the attack is small, and the degree of assault against the victim G is relatively minor.

It seems that the defendant's life, while living with the other prisoners, has been punished for a conflict with other prisoners, and it seems that he/she has used a contingent violence.

Defendant made a confession of a crime without accusation, and thus the accused was not prosecuted or subject to criminal punishment.

In the court below, the victims of the attack expressed their intention not to punish the defendant, and the defendant agreed in the trial with the victim G.

The defendant's parents make efforts so that the defendant's parents do not repeat again, and the defendant's main figures seek prior action against the defendant.

Circumstances unfavorable to the defendant are as follows:

The defendant threatened the victims of sexual conflicts to take money by threatening them, and threatened the victims G by using a secret or inserted article, which is a dangerous object.

When the defendant is detained and living in prison, the victim I was assaulted by the person who was in prison without being aware of, and the punishment was collected.

In 2012, the Defendant was sentenced to a suspended sentence of three-year imprisonment for a crime of intrusion upon residence, assault, etc. in 2012, and was sentenced to a suspended sentence of one-year imprisonment for the same crime in 2015, and was sentenced to a suspended sentence of one-year imprisonment for property damage in 6 months. As above, the Defendant committed each of the instant crimes during the suspended sentence period after being sentenced to a suspended sentence of imprisonment for a period of up to 2015.

A. The above circumstances are as follows.

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