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(영문) 울산지방법원 2019.01.17 2018노993
특수협박
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (ten months of imprisonment, three years of suspended sentence, three years of suspended sentence, confiscation) is too unreasonable.

2. As to the grounds for appeal of this case, the defendant recognized the mistake of the crime of this case and reflects the depth thereof, the victims and the victims do not want to punish the defendant, and the victims continued to drive the defendant with no particular response despite the defendant's knowing that the defendant was a false article of automobile, and even though he requested to do so, the victims did not respond to it. The defendant seems to have committed the crime of this case in an unstable manner that he would be subject to a heavy and strong deal of the crime of this case. The defendant seems to be responsible to a certain extent for the occurrence of the crime of this case, and the defendant has no specific penalty power in addition to a fine imposed once for the crime of

The crime of this case is one hour and thirty minutes in knife with the Defendant’s possession, and the nature of the crime is not weak in light of the content of the crime, the attitude of the act, etc., and the victims are deemed to have caused extreme fear of fear and life in the process, etc., and is disadvantageous to the Defendant.

In addition, when comprehensively considering the defendant's age, character and conduct, environment, family relationship, motive, means, consequence, etc. of the crime in this case, various sentencing conditions as shown in the arguments and records of the crime in this case, and the scope of recommended punishment according to the sentencing guidelines (where the victim is also responsible for the occurrence of the crime or the expansion of damage, the victim is not subject to punishment), it is not recognized that the sentence imposed by the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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